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(영문) 서울서부지방법원 2018.04.06 2017나32170
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. According to the evidence evidence No. 1, the following facts are acknowledged: (a) on January 19, 2010, regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff, the establishment registration of a collateral for the Plaintiff, was completed on January 18, 2010; and (b) on August 6, 2010, regarding the establishment of a collateral for the same duration as the maximum debt amount and the debtor’s establishment registration (hereinafter “instant collateral security”) arising out of the contract on January 18, 2010; and (c) on August 6, 2010, the establishment registration was revoked on August 6, 2010; and (d) the establishment registration was completed again on August 16, 2010.

2. The Plaintiff, which is the cause of the instant claim, did not borrow money from the Defendant, and even if the Plaintiff borrowed money, all of them have been repaid, so there is no secured obligation under the instant mortgage contract between the Plaintiff and the Defendant.

3. Determination

A. In full view of the Plaintiff’s respective statements on the Plaintiff’s loan Nos. 1. 2 and the purport of the entire argument in the first instance court as to the Defendant’s principal examination as to the Plaintiff’s loan, the Plaintiff may have borrowed KRW 20,000,000 from the Defendant around January 18, 2010 as interest rate of 2% (hereinafter “the instant loan”). Thus, the Plaintiff’s assertion on this part is without merit.

(B) The Plaintiff bears the obligation of the loan of this case against the Defendant even if the loan of this case was economically reverted to the Plaintiff’s mother F.

As to whether the Plaintiff’s repayment was made or not, comprehensively taking account of the overall purport of the pleadings in each statement of evidence Nos. 10 through 14, 2010 from Oct. 4, 201 to Nov. 11, 201, the sum of KRW 20,570,000, out of the money transferred from the Plaintiff’s account under the name of J to the account under the name of J, was transferred from Oct. 1, 201 to the account under the name of the Defendant on the same day; and further, KRW 1,50,000,000, around December 27, 2013 to the Defendant’s account under the name of the Plaintiff from Aug. 18, 2015, respectively.

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