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(영문) 울산지방법원 2019.04.18 2017가합359
채무부존재확인
Text

1. The Plaintiff’s loan agreement (Account Number D, Loan 200,000,000) on August 21, 2015 to Defendant B unions.

Reasons

1. Basic facts

A. From June 2015, H purchased the amount of KRW 2.1 billion from the Ulsan-gun, Ulsan-gun, U.S. JJ 9,977 square meters (hereinafter referred to as “a parcel number, and the other land is also the same) prior to the subdivision, and H requested the Plaintiff to lend the name of the loan to raise the purchase fund.

B. Accordingly, on August 21, 2015, the Plaintiff entered into a loan agreement with Defendant B (hereinafter “instant loan agreement”); (i) KRW 200 million; (ii) interest rate fluctuation rate (2.3%) August 21, 2018; (iii) interest rate fluctuation rate of 18% (hereinafter “regular deposit interest rate”); (iv) loan agreement with maximum of 200 million loan amount; (ii) interest rate fluctuation rate of 200 million won; (iii) interest rate of 18% on August 21, 2018 (regular deposit interest rate of 2.3%); (iv) loan agreement with Defendant C Association (hereinafter “instant loan agreement”); (iv) loan agreement with the loan agreement with the maximum of 18% interest rate of 10,900,000; (v) interest rate of 200,000 won; and (v) interest rate of 18% interest rate of 30,018 loan agreement with each of the instant loan agreement (hereinafter “the instant loan agreement”).

C. Meanwhile, on the other hand, JJ around July 2015 divided the size of 9,977 square meters into 15 lots. At the time of each of the instant loan agreements, as to the 660 square meters of the maximum debt amount with respect to the 660 square meters of the 1st loan agreement of this case, a collateral security right of KRW 260 million was established with respect to the 660 million maximum debt amount (creditor-mortgage B, the debtor, the plaintiff, and the Claimant I), and ② the obligation under the 2nd loan agreement of this case.

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