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(영문) 부산지방법원 2014.11.13 2013가단225266
채무부존재확인
Text

1. Plaintiffs’ lawsuits against Defendant C Co., Ltd. and the bankruptcy trustee of Plaintiff A Co., Ltd.

Reasons

1. Facts of recognition;

A. The loan and arrangement 1) A, B, and L, etc. with respect to the development project of the Daejeon K collective housing, the M Bank, including the Daejeon K K K K K, is called H, I, N Co., Ltd. (hereinafter “SPC three company”) or the borrower three companies, from November 2005 to December 2 of the same year, in order to directly promote the development project of the collective housing in the area of the Seo-gu Daejeon K zone.

2) On February 13, 2007, Defendant F made a loan to 3 SPC Co., Ltd. on the date of repayment, Defendant F made a loan of KRW 76,00,000 to 3 SPC on May 13, 2010, and entered into an agreement for a business and loan to be taken over concurrently with the obligation of 3 SPC, and on the same day from A and B, the lender (including the existing loan and new loan) promised to be subordinate to the above loan of 3-party borrower (hereinafter referred to as “Defendant F”), and carried out a loan under the above loan agreement, with the consent of the lender, and transferred all rights to the above loan agreement and the status of the lender to P Co., Ltd. on the same day with the consent of the lender, P Co., Ltd. on May 13, 2008, and transferred it again to Defendant C Co., Ltd. on the same day.

3. In the event of the occurrence of the cause of default under the loan agreement by the borrower 3 and the Si corporation not commencing the sale within 12 months from the date of the above loan agreement, the defendant C and E entered into a contract to change the terms of loan agreement with the borrower 3 and the Si corporation on October 2, 2008 to increase the interest rate of the loan and reduce the due date to June 30, 2009 only when repayment is made, and the borrower 3 and the Si corporation entered into a PF loan agreement with the amount sufficient to repay the entire principal and interest of the loan prior to the approval of the public announcement of the recruitment.

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