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(영문) 인천지방법원부천지원 2015.06.09 2014가단38946
채무부존재확인
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Facts of recognition

On August 13, 2007, the Plaintiffs entered into a comprehensive collateral guarantee agreement with CGD (representativeD) whose guarantee limit amount is KRW 20 million when obtaining a loan of KRW 2.2 billion from the National Federation of Fisheries Cooperatives (hereinafter “CGD loan”).

(hereinafter referred to as the “NFN”) On April 19, 2010, the CGE borrowed KRW 400 million from the Defendant (hereinafter “instant loan”). In this regard, the Plaintiffs written their signatures and seals in the column for the limit of the amount of continuing guarantee of comprehensive continuing service offered by the Defendant as “MFENNYYYYYYYYYYYYYYYYYYYYYYYYYYN

(hereinafter “instant continuing guarantee.” After that, on January 2014, the Defendant extended the instant lending period at the request of the C church. In this regard, on January 28, 2014, the Plaintiffs written their signatures and seals in the column for the limit of collateral guarantee of the limited continuing guarantee certificate presented by the Defendant as “the amount of detention,000,000.”

(hereinafter “instant collateral guarantee”. According to the documents submitted by CJ to the Defendant at the time of the instant loan, the Plaintiffs are registered as members of the Planning Committee in charge of all business affairs pertaining to the house interest of CJ, “property management and real estate acquisition, execution of disposal budget, deliberation, audit, establishment of a collateral security to borrow funds for various businesses, repayment of loans, etc.,” and the documents submitted by CJ on June 29, 2014 as well as the documents submitted by CJ as members of the Planning Committee.

The details before and after the amendment on June 27, 2013, of the standard terms and conditions of the Savings Bank (if any) lending regulations (hereinafter referred to as "the loan regulations of this case") are as shown in attached Tables 1 and 2.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 9, 12, Eul 2 through 6 (including a Serial number), and the loan provision of this case as to the plaintiff's assertion of the purport of the whole pleadings shall be limited to the guarantee limit amount of 20 million won before the amendment by June 27, 2013.

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