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(영문) 광주지방법원 2014.11.21 2014가합6833
채무부존재확인
Text

1. On July 9, 2012, the Plaintiff’s obligation under a monetary loan agreement against the Defendant does not exist.

Reasons

1. Basic facts

A. The defendant is a company running a credit business, and the plaintiff is a person who obtained a loan from the defendant.

B. On July 9, 2012, the Plaintiff entered into a monetary loan agreement with the Defendant with the amount of KRW 52,00,000, interest rate of KRW 2.5% (1,300,000 per month, interest rate of KRW 1,560,00 per month, and interest rate of KRW 55 days or more per month, plus 0.5% as principal) as of January 8, 2013 (hereinafter “instant loan agreement”). The Plaintiff agreed to provide real estate listed in the separate sheet (hereinafter “instant real estate”) as security and to cover expenses, interest, and principal in order.

C. Accordingly, on July 9, 2012, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the instant real estate to the Defendant under Article 134302, the maximum debt amount of KRW 78,000,000, the mortgagee, the Defendant of the right to collateral security, and the Plaintiff’s obligor.

In addition, on the same day, the Plaintiff and B respectively issued to the Defendant: ① on January 9, 2014, the issue date and payment date; ② on January 9, 2014, the Seoul Special Metropolitan City, the issuer, the Promissory Notes, the Plaintiff, the Plaintiff, the issuer, and the Plaintiff and B, respectively; and on July 12, 2012, a notarial deed (hereinafter “notarial deed of this case”) stating that “When a notary public delays the payment of promissory notes as indicated in the foregoing paragraph, he/she shall be deemed to have no objection even if he/she is immediately subject to compulsory execution” as stipulated in Article 254 of the 2012 Deed of the Joint Law Office.

On May 2, 2014, the Defendant filed an application for voluntary auction with the Gwangju District Court C regarding the instant real estate, and the said court filed the same month.

8. According to the decision to commence a voluntary auction, the auction procedure concerning the instant real estate (hereinafter “instant auction procedure”) was initiated.

E. On June 9, 2014, the Plaintiff is the Gwangju District Court.

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