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(영문) 창원지방법원 2018.11.16 2017가단116138
채무부존재확인
Text

1. The Defendants received KRW 100 million from the Plaintiff, and then on the land for factory D 1896 square meters in Kimhae-si.

Reasons

1. Facts of recognition;

A. On September 12, 2013, the representative F of E Co., Ltd. (hereinafter “E”) drafted a performance memorandum (hereinafter “instant performance memorandum”) with the Defendants as follows. The Plaintiff operating “G” entered into a guarantee agreement with the Defendants on the obligations of Nonparty Co., Ltd., and signed it as the guarantor.

[Written Implementation] Contents: In registering the transfer of the above land from G(A) to G(F), the Dispute Settlement Bank Co., Ltd. shall decide to transfer the land development investment amount to C and B with the unpaid amount of KRW 130 million and at the same time pay the unpaid amount to C and B at the same time after one month, and prepare a written statement of performance. The performance condition 1st to pay KRW 20 million by September 17, 2013 and the amount of KRW 10 million delegated by the second I is paid to C and B.

9. 30. The payment shall be made and the remainder 100 million won shall be made by October 10, 2013.

by September 17, 2013, but in the event that the amount of KRW 20 million is not deposited until September 17, 2013, Category C and B will immediately take an auction measure on September 18, 2013.

b. By October 10, 2013, if the payment is not made by October 10, 2013, the payment shall be made immediately from G.

(b) if not deposited, C and B shall promptly take any auction action against the land guaranteed to C and B in the said land and in E.

(B) G(A) shall agree to the above contents and agree to register C and B with the said land as a guarantee security in the amount of KRW 120 million.

(b).

On September 12, 2013, the Defendants concluded a mortgage agreement with the maximum debt amount of KRW 120 million with respect to D/L land for the land of this case owned by the Plaintiff on September 12, 2013 (hereinafter “instant real estate”), and completed the establishment registration of neighboring mortgage (hereinafter “instant collateral security”) or the instant collateral security registration (hereinafter “instant mortgage registration”) as the receipt of No. 101731, Sept. 12, 2013.

C. Since then, the Defendants received KRW 10 million from I, and KRW 20 million from F.

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