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(영문) 광주지방법원 목포지원 2018.02.22 2017가합11532
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 490,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from July 30, 2013 to August 16, 2017.

Reasons

1. Facts of recognition;

A. From March 30, 2012 to July 11, 2013, the Plaintiff borrowed a sum of KRW 590 million from the Defendant (hereinafter “the instant loan”). On May 23, 2013, the Plaintiff completed the registration of creation of a mortgage over the mortgagee, Defendant, and maximum debt amount of KRW 500 million with respect to the land and the building outside Seopo-si, Seopo-si, the Plaintiff owned on May 23, 2013, in order to secure the said debt.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). (b)

On July 29, 2013, the Plaintiff: (a) acknowledged that the Defendant borrowed KRW 590 million from the Defendant; and (b) drafted a certificate of borrowing that the Defendant, upon cancellation of the registration of establishment of the establishment of the neighboring area of the instant case, received loans from financial institutions and repaid the Plaintiff part of the instant loans; and (c) re-establish the remainder of the loans with the right to collateral security and at the rate of interest on the loans at 6% per annum.

(hereinafter “this case’s loan certificate”). C.

On July 29, 2013, the Defendant cancelled the registration of the establishment of the instant neighboring mortgage in accordance with the loan certificate entry.

The Plaintiff repaid each of the Defendant with KRW 20 million on September 30, 2013, and KRW 80 million on October 1, 2013, but did not pay the remainder of the loan and did not create a right to collateral security again.

When the Defendant urged the Plaintiff to repay the debt of the instant loan, D, who is the Plaintiff, prepared an agreement with the Defendant on January 2, 2014, to sell E land and its ground buildings (hereinafter “instant real estate”) to the Defendant, and the main contents are as follows:

(hereinafter “instant agreement”). 1. The sales amount of the instant real estate is agreed by both parties as the actual sales amount of KRW 1,485,00,000,000 by settling the following contents (debts, refund deposit, and amount of establishment of a mining cooperation mortgage).

(1) Debt amount of KRW 645,00,000 = 715,700,700,000 = 710,700,000 = 220,000,000 of the refunded deposit. ③ The amount of debt 620,000,000 of the amount of debt f20,000,001.

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