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(영문) 서울남부지방법원 2017.07.21 2017가단3776
채무부존재확인
Text

1. As to the real estate indicated in the separate sheet to be borne by the Plaintiff (Appointed Party) and the appointed parties against the Defendant.

Reasons

1. Facts of recognition;

A. On November 18, 2003, C prepared a cash custody certificate to the effect that “the custody of KRW 700 million (hereinafter the above KRW 700 million (hereinafter referred to as “instant custody”) shall be immediately returned to the Defendant upon the request for return.”

B. B entered into a contract with the Defendant on November 3, 2003 to set up a collateral security (hereinafter “instant real estate”) on each real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) in order to secure the Defendant’s debt and all obligations arising from commercial transactions, as the sole or joint debt or the guarantor and signed and sealed by B against the Defendant within the maximum of KRW 200 million of the maximum debt amount. On the same day, the Seoul Southern District Court, Yong-gu District Court, as the receipt registry office of receipt of the instant real estate as B, concluded a contract to set up a collateral security (hereinafter “mortgage”) with the Defendant on the loans, separate or joint debt or the guarantor and signed and sealed by B against the Defendant within the limit of KRW 200 million of the maximum debt amount.

C. B died on September 12, 2009. At the time of death, at the time of death, there were Plaintiff (Appointed Party), the designated party, and E.

On the other hand, on July 7, 2009, the registration of ownership transfer was completed in the name of the Plaintiff (Appointed Party) on the instant real estate.

[Ground of recognition] Evidence Nos. 1-1, 2, Evidence Nos. 2-1 through 8, each entry of Evidence Nos. 1 and 2, witness C's testimony, and purport of the whole pleadings

2. Determination

A. According to the above facts, B, with respect to C’s obligation to deposit money in this case against the Defendant, established a right to collateral security of KRW 200 million with the maximum debt amount as the obligor, and thus, B, barring any special circumstance, agreed to bear the joint and several liability or the guaranteed liability with respect to the amount of KRW 200 million out of the deposit money in this case.

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