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(영문) 서울남부지방법원 2016.01.14 2015가단45561
채권부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts may be admitted by each entry in evidence A3, 5, B 1-1, 1-2, 2-1, 2-2, or 2-2, either there is no dispute between the parties or found by the parties:

On March 22, 2013, the Plaintiff respectively set up a collateral security right of KRW 130,000,000 as the maximum debt amount, KRW 130,000,000,000,000,000 owned by the Defendant, and KRW 65,000,000 as the maximum debt amount, KRW 18971 as the obligor C (the husband of the Plaintiff), and KRW 2,000,000,000,000,000 owned by the Plaintiff to the Defendant, respectively.

B. On May 9, 2014, the Plaintiff: (a) drafted and implemented a monthly agreement on the self-reliance deposit (hereinafter “instant loan agreement”); (b) on the ground that the debtor of the right to collateral security (2) established on May 9, 2014 on the said real estate under the Plaintiff’s name on the ground of “contract Acceptance on May 9, 2014; (c) the maximum debt amount of the said right to collateral security (2) was KRW 39 million on the same day as the date of receipt of the said agreement on May 9, 2014, on the ground that the said agreement was amended on May 2016, 2016; and (d) was changed to KRW 20831 on the same day by reason of “the amended agreement on May 9, 2014.”

C. The Defendant did not pay the loan to the Plaintiff pursuant to the instant loan agreement.

On May 14, 2015, the Defendant received a decision to commence a voluntary auction of real estate from the Seoul Southern District Court D on May 14, 2015.

E. On October 23, 2015, the Defendant cancelled the registration of establishment of the right to collateral security (2) on the Plaintiff’s above real estate.

2. In a lawsuit seeking confirmation of the legitimacy of the instant lawsuit, there must be a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to the lawsuit, and thereby, the obtaining of a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension or danger when there is apprehension or risk in the Plaintiff’s rights or legal status.

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