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(영문) 서울중앙지방법원 2015.10.06 2015가합170
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) was drafted on September 15, 1998 on the credit transaction agreement on the instant loans with D as creditors, the Plaintiff as principal debtor, and the instant loans with D as joint and several guarantors (No. 1; hereinafter “the instant credit transaction agreement”).

In order to secure the instant loan, the right to collateral security was established on October 1, 1998 on the land and the ground building owned by the Plaintiff in Seongbuk-gu, Seongbuk-gu, Sungnam-do (hereinafter “instant real estate”).

B. C was declared bankrupt by the Incheon District Court on January 16, 2001, and the bankruptcy trustee applied for the payment order of the instant loan obligations against the Plaintiff and D.

On March 7, 2005, an order for payment (hereinafter “instant order for payment”) was issued on March 7, 2005, and was finalized on March 25, 2005 on March 10, 2005, after it was delivered to the Plaintiff at the seat of the instant real estate.

C. On June 24, 2010, C transferred the instant loans and the instant provisional payment claims to the Defendant, and notified the Plaintiff of the transfer of the said claims by content-certified mail on August 3, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, Eul evidence 4-1, Eul evidence 4-2, Eul evidence 5-1, the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion did not have concluded a loan agreement with C, the transferor, on the instant loan.

The Plaintiff’s husband G, who was in close relation with F, the representative director of C, had the Plaintiff’s seal affixed the Plaintiff’s seal on the credit transaction agreement of this case, following the Plaintiff’s death.

The instant real estate offered as security is also registered in the name of the Plaintiff upon the F’s request by G to complete the transfer registration.

Therefore, there is no obligation of the Plaintiff’s loans and provisional payments against the Defendant.

B. In a lawsuit seeking confirmation of the existence of one’s monetary obligation, the Plaintiff, a debtor, denies the fact that the cause of the occurrence of the obligation by specifying the claim first.

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