logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2020.11.27 2018가합823
채무부존재확인
Text

The plaintiff (appointed party)'s claim is dismissed.

Litigation costs shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff and the Selected C are those who jointly own 1/2 shares of each of the 3,537 square meters of forests and fields D (hereinafter “instant land”).

Plaintiff

Around 2016, C entered into a business agreement between E, Plaintiff, and Selection with F (hereinafter referred to as “F”) on November 28, 2016, on the ground of the instant land, to implement a joint project with the content that distributes profits to buyers by newly constructing, selling, and operating an urban-type residential house and neighborhood living facilities (hereinafter referred to as “instant building”) with a total scale of 210 rooms on the instant land (hereinafter referred to as “instant joint project”). Around November 28, 2016, E, the Plaintiff, and the Selected entered into a contract with F to contract the construction of the instant building to F.

B. The defendant is the father of F's representative director G.

C. On December 12, 2016, the Plaintiff, the Selection C, E, and F prepared and awarded to the Defendant a monetary tea certificate with the following content:

(hereinafter referred to as “the loan certificate of this case”). It is not reasonable for the obligor to borrow the above money in the amount of KRW 1,000,000,000 (Provided, That this part of the interest month) from the day of the cash loan certificate.

Therefore, the interest will be against you by the end of each month, and the principal will be set up until December 12, 2017. If the interest is in arrears for at least two months, it would be an objection even if all principal and interest is claimed at any time regardless of the due date, and if the debtor fails to perform his/her obligation with respect to the claim, it will not inflict any damage upon you by performing instead of the "F" which is a joint and several guarantor.

The debtor E, the plaintiff, and the selected C Joint and Several sureties F

D. On December 13, 2016, the Defendant remitted or transferred KRW 960,000,000,000 to the Agricultural Cooperative Account of E, and KRW 360,000,000 on December 15, 15 of the same month, and KRW 500,000,000 on December 26, 206.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, and witness G.

arrow