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(영문) 서울남부지방법원 2015.10.12 2015나4509
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Plaintiff

A, B, and Plaintiff (Counterclaim Defendant) C are the Defendant-Counterclaim Plaintiff.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff A and C seeking a loan payment with the Seoul Western District Court 2004Kadan62590

On June 2, 2005, the above court rendered a ruling that "the plaintiff A and C jointly and severally pay to the defendant 40,700,000 won with 5% per annum from August 9, 1995 to May 6, 2005, and 20% per annum from the next day to the day of full payment" (hereinafter "the judgment of the previous suit of this case"), and the above ruling became final and conclusive as it is.

B. On February 5, 2010, the Defendant filed an application for a compulsory auction (hereinafter “instant auction”) with respect to each one/2 shares of the F building Nos. 801, 901, and 1001 owned by the Plaintiff C with Suwon District Court E on February 5, 2010, and the Plaintiff, A, and C filed an appeal for subsequent completion against the instant judgment on March 18, 2010.

C. On May 27, 2010, on the condition that the Defendant withdraws the instant application for auction, the Plaintiffs prepared and delivered each of the following contents (hereinafter “each of the instant documents”) to the Defendant. On June 8, 2010, Plaintiff A and C withdrawn an incidental appeal against the instant judgment.

1. By February 25, 2010, KRW 87,070,122, including principal and interest, will be paid in installments over three occasions.

2. The repayment of 50,000,000 won per installment out of the above repayment shall be made until June 2, 2010, and the creditor shall immediately withdraw an auction;

(3. 2. The amount of 20,000,000 won shall be paid up until July 10, 2010.

4. The repayment shall be made up of 17,070,000 won by August 10, 2010.

5. The plaintiff C shall carry out the above 2 harbor for the purpose of withdrawal of auction, and the shares or facilities of the aggregate building (n) such as the F building Nos. 801, 901, 101 and 1001 in the 8th, 9th, 100 in the 10th, 100 owned by the plaintiff C are traded, provisionally registered, leased to a third party or to another person.

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