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(영문) 서울중앙지방법원 2014.05.01 2013가합58540
채무부존재확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant’s status 1) C Co., Ltd. (hereinafter “C”).

(2) On April 30, 2013, the Defendant was declared bankrupt by Seoul Central District Court 2013Hahap54 (hereinafter “Seoul Central District Court”) and was appointed as C’s bankruptcy trustee on April 30, 2013.

B. C Loans and the establishment of the Plaintiffs’ right to collateral security 1) C on April 19, 2012, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

(2) The term “the instant loan” refers to a credit transaction agreement under which a loan is made on April 20, 2013 with interest rate of KRW 7.5 billion per annum and as of April 20, 2013 (hereinafter “instant loan”).

On April 20, 2012, C transferred KRW 7.5 billion to the National Bank Account (D) under the Plaintiff’s name to secure the instant loan claim. (2) On April 19, 2012, C completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to each real estate listed in [Attachment 2 through 12] Nos. 2 through 12 of the “Real Estate Indication List”, which is the Plaintiff’s ownership, and the same list Nos. 1, which is the Plaintiff’s ownership of the Plaintiff B, as of April 19, 2012, with respect to each real estate listed in [Attachment 2 through 12] No. 9118, which was received on April 19, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. Whether the instant loan obligation is limited to 4 billion won or not (1) Plaintiff A’s assertion, i.e., loan of KRW 7.5 billion in formality between Plaintiff A and C, but in fact loan of KRW 4 billion and the remainder of KRW 3.5 billion on the condition that the remainder of KRW 3.5 billion was not loaned. C did not execute the loan for KRW 3.5 billion by withdrawing KRW 7.5 billion, which was remitted to Plaintiff’s account in the Plaintiff’s name. Therefore, the instant loan obligation against Plaintiff A is limited to KRW 4 billion, and it does not exceed this. 2) As long as the judgment C remitted the instant loan obligation against Plaintiff A to the account in the Plaintiff’s name pursuant to the instant loan contract, it is thereafter from the Plaintiff.

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