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(영문) 대구고등법원 2021.01.20 2020나22644
채무부존재확인
Text

1. The judgment of the first instance is modified as follows.

A. On September 2006, Plaintiff (Counterclaim Defendant) against Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this part of the basic facts is cited by the main sentence of Article 420 of the Civil Procedure Act.

The promotion committee of this case, on October 28, 2008, signed a monetary consumption loan agreement of KRW 202,885,650 borrowed between the defendant and the defendant from July 2007 to October 2008 (hereinafter referred to as the "first consumption loan agreement of this case"), and the plaintiff A and C signed and sealed the above contract as a joint guarantor for the above 202,88,650 won obligation of KRW 202,650.

Since then, the instant promotion committee stated in the consumption lending agreement of KRW 60 million borrowed from around November 2008 to December 2009 between the Defendant around 2009, the instant promotion committee’s KRW 84 million. However, there is no dispute between the parties regarding the amount actually borrowed from the Defendant as KRW 60 million.

As to B, the contract for monetary consumption lending and lending (hereinafter the above contract is referred to as "the 2 consumption lending and lending contract of this case", and the 1 consumption lending contract of this case is referred to as "each consumption lending and lending contract of this case" in addition to the 1 consumption lending contract of this case), the Plaintiff A signed and sealed the above contract as a joint guarantor for the above 60 million won obligation of the above 60 million won obligation.

The details of each consumption lending contract of this case are as follows.

"No.4" of the first instance judgment No. 7 of the 13th sentence of the 7th instance judgment, and the part adding "No.5" of the 18th sentence to "No.7 of the 13th sentence," and the part adding "no.5" to "No. 7th sentence of the first instance judgment," respectively, shall add the following as follows: (e) The relevant Acts and subordinate statutes, which were in force as of September 26, 2006 when the provisional contract of this case was concluded on September 26, 2006, and the operating regulations of the promotion committee of this case are as stated in the attached Form 1-related Acts and subordinate statutes and the attached operating regulations of the promotion committee of this case (hereinafter attached Form 1.

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