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(영문) 창원지방법원 2014.02.20 2013가합1501
채무부존재확인
Text

1. The obligation under a loan transaction agreement concluded between the defendant and the deceased E on July 12, 201 shall be KRW 68,000,000 and KRW 68,000.

Reasons

1. Basic facts

A. F and E’s borrowing of money and establishment of a collateral security (1) on March 18, 2011, F borrowed KRW 3.5 million from G from credit service providers G, and F’s granting of the said debt is the joint and several guarantee of the said debt and the real estate listed in the separate sheet owned by oneself (hereinafter “instant real estate”).

2) On May 2, 2011, the registration of the establishment of a neighboring mortgage and the cancellation of the registration of the establishment of a neighboring mortgage of H was made in order with regard to the instant real estate as to the mortgagee H and the maximum debt amount of KRW 52.5 million. The registration of the establishment of a neighboring mortgage of the debtor F, the mortgagee I, and the maximum debt amount of KRW 15 million was made on May 2, 201. On the 23th of the same month, the registration of the establishment of a neighboring mortgage of the E, the mortgagee J, and the maximum debt amount of KRW 2.5 million was revoked on the 25th of the same month.

B. The conclusion of the instant loan transaction agreement and provisional registration is completed 1) E is mutually named as “K” on July 5, 2011 between the Defendant and the Defendant who is engaged in credit business (hereinafter “instant loan transaction agreement”).

(3) As to the instant real estate on the same day as the security, the provisional registration of the purport of the claim stated in the Defendant’s future (hereinafter “provisional registration of this case”) was concluded.

) The loan transaction standard contract (Evidence No. 5) was made at the time, and the F guaranteed the Defendant’s obligation on the same day. The term “the loan transaction standard contract (Evidence No. 5) at the time includes 200,000,000 won (e.g. 20,000,000), interest rate of 2.5% (per annum 30%) per annum, and 8.2.5,000,000 won (per annum 4, 2012.7. 4, 2012. 2) The Defendant delegated the loan business for E to M who operates the loan brokerage business in the trade name of “L” and accordingly,

7. 19,800,000 won in total to E, and 153,095,000 won in total to J on the 11th of the same month, and 18,85,000 won in total to E on the 12th of the same month.

3) E and F on the 12th of the same month, signed and sealed each of the certificates of borrowing (No. 3) and delivered to the Defendant.

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