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(영문) 광주지방법원 2016.08.18 2015가합53508
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On December 27, 2012, the Plaintiff, who had no transactional relationship with the Jin-Sa Credit Union (hereinafter “Sain-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa

B. On December 27, 2012, the Plaintiff opened a new account with the account number B, and on December 31, 2012, the Plaintiff deposited KRW 230 million in the said account with the loan borrowed from the Nonparty Credit Union (Evidence 4), the loan transaction agreement (Evidence 4 and 15-1), each application for a new transaction (Evidence 6-1, 7-1, 6-1, 6-2, 9, 6-2, 7-2, 8-1, 8-2, and 2-2) written consent to the collection and provision of personal information (Evidence 6-2, 7-2, 7-2, 8-1, 8-2) written by the Plaintiff with the documents related to the above loan.

(C) The loan of KRW 230,000,000 on December 31, 2012 under the Plaintiff’s name is “the instant loan” and the said documents related to the instant loan are “the documents related to the instant loan” (hereinafter “the instant loan”).

As a security for the instant loan, the Plaintiff, a mortgagee, and a maximum debt amount of KRW 299 million were established with respect to the amount of KRW 992 square meters owned by the Plaintiff, a mortgagee, and a maximum debt amount of KRW 299,00,000 in Gwangju Mine-gu, Gwangju District Court registered on December 31, 2012, and completed the establishment registration of a neighboring mortgage as of KRW 259355, supra.

Around January 8, 2015, Non-Party New Cooperatives sent to the Plaintiff a written confirmation of the balance of the loan worth KRW 230 million. Around January 27, 2015, Non-Party New Cooperatives sent a letter of demand to repay the loan interest in arrears from December 19, 2014, on the ground that the interest on the loan was overdue from January 27, 2015.

E. On June 5, 2015, Nonparty 5 was merged with the Defendant.

(hereinafter referred to as “Defendant” without distinguishing Nonparty 1 and Defendant. [Grounds for recognition] without dispute, Gap evidence 1 through 6, and evidence 15-1, 3, 6, 9, 17, Eul, 3, 6, 7, 7, and 7.

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