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(영문) 인천지방법원 2013.10.22 2012가합11514
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On April 23, 2008, the Plaintiff entered into a credit transaction agreement, etc. (hereinafter “ES Savings Bank”) with ES Savings Bank Co., Ltd. (hereinafter “ES Savings Bank”).

(i)a credit transaction agreement between the Company and the Bank (hereinafter referred to as “the first credit transaction agreement of this case”) setting the credit amount of KRW 2,324,00,000, the credit period expiration date on June 23, 2009; interest rate of KRW 12% per annum; and interest rate of KRW 25% per annum.

(2) On the same day, the Plaintiff concluded 850,00 shares (hereinafter referred to as “instant shares”) owned by the Plaintiff to secure the obligation of the said loan.

(2) On June 23, 2009, the Plaintiff entered into a loan transaction agreement (hereinafter “the second credit transaction agreement of this case”) with the bank under the name of the Plaintiff, setting the lending amount of KRW 2,642,00,000, and the interest rate of KRW 12% per annum and KRW 25% per annum on June 23, 2010. On the same day, the Plaintiff agreed to set up a collateral pledge on the instant shares with the bank in order to secure the above lending obligation, but at the time, the Plaintiff agreed to dispose of the said shares in order to dispose of the said shares in order to dispose of the said lending obligation when the Plaintiff lost its interest on the lending obligation.

On the other hand, the remaining 2,641,249,00 won of the above loans, excluding stamp, etc., was deposited into the bank account in the name of the plaintiff, and on the same day, 2,324,00,000 won was withdrawn from the bank account in the name of the plaintiff, and used for repayment of loans under the first credit transaction agreement. Accordingly, the debts of loans under the first credit transaction agreement of this case were extinguished.

3. On June 21, 2010, the Plaintiff is between Es Savings Bank and Es Savings Bank.

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