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(영문) 서울고등법원 2015.06.12 2014나2032616
채무부존재확인
Text

1. The following part of the judgment of the court of first instance is revoked.

The plaintiff and the bankrupt corporation.

Reasons

Basic Facts

Plaintiff

On May 18, 2009, in the name of the entertainment tavern business in the name of the plaintiff on May 18, 2009, business registration with the name of the plaintiff C and the category of business in the name of the plaintiff and the entertainment tavern business license was completed, and studal wals were operated.

(hereinafter “studal harassment of this case”) On September 21, 201, the trade name of studal harassment of this case was changed to D.

Plaintiff

From May 2009 to February 2010, the name of the principal debtor and the name of the Plaintiff and the Japanese Savings Bank Co., Ltd. (former trade name: Japanese Mutual Savings Bank Co., Ltd.; hereinafter “Japan Savings Bank”) entered into an individual credit transaction agreement with the Plaintiff on 29 loans as a general loan.

(hereinafter referred to as "loan Agreement in 2009"). Accordingly, the Japanese Savings Bank deposited each loan in the name of the plaintiff in a deposit account (Account Number M) and carried out the loan.

Plaintiff

On April 1, 2010, the Plaintiff entered into a loan agreement and an extension contract under the name of the Plaintiff on April 1, 2010, with the Japanese Savings Bank and the credit subjects as a comprehensive passbook loan, the credit amount of KRW 2 billion, the credit period of KRW 2 billion from April 10, 201 to April 1, 201, and the interest rate of KRW 18% per annum, and entered into a credit transaction agreement with the maximum of 30% damages rate.

hereinafter referred to as "the loan contract of this case"

At the time of the instant loan agreement, E and F jointly guaranteed the Plaintiff’s obligation under the said loan agreement, and otherwise, in order to secure the obligation under the said loan agreement, E created each right to collateral, the maximum debt amount of which is KRW 500 million with respect to the G building 1503, Dongjak-gu Seoul Metropolitan Government, and the F set up each right to collateral security, the amount of which is KRW 250 million with respect to H apartment 119,203, 2000,000.

On April 1, 2011, the Plaintiff and Il Il Savings Bank agreed to extend the term of the above loan contract to April 1, 201 with the same content as the previous one upon the maturity of the instant loan contract, and E and F are joint and several guarantors of the above loan contract under the same conditions as the previous one.

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