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(영문) 서울중앙지방법원 2016.01.29 2015가합557966
채무부존재확인
Text

1. The plaintiff B's lawsuit is dismissed.

2. The Plaintiff A’s bankrupt Co., Ltd. on January 7, 2011

Reasons

Basic Facts

D Co., Ltd. (hereinafter “C”) entered into a credit transaction agreement with E on January 6, 201, setting the rate of 11% per annum, and 23% per annum per annum on delayed damage (hereinafter “the instant credit transaction agreement”), and loaned KRW 500 million to E in accordance with the said agreement.

(hereinafter “instant loan”). At the time of the conclusion of the instant credit transaction agreement, the Plaintiffs jointly and severally guaranteed the obligation of loans under the said credit transaction agreement to E, and on January 7, 2011, concluded a contract for collateral guarantee with C, the maximum amount of which is KRW 650 million for the obligation of the said loan to E, respectively.

On January 7, 2011, the Plaintiffs, C, and E drafted a money loan agreement with E to the effect that “C lent KRW 500 million to E in accordance with the instant credit transaction agreement,” the Plaintiffs guarantee the above loan obligations to E, and the Plaintiffs shall perform the obligation jointly with E within the limit of KRW 650 million.” (No. 46, 2011, No. 1000, No. 2011, No. 2011, No. 1000, No. 2010, No. 2011, No. 100

When the agreement on the loan of this case was delayed payment of the agreed interest and the benefit of time was lost on or around June 8, 201, C applied for a seizure and collection order on the claim for the construction price against the AD Specialized Development Real Estate Investment Company (hereinafter referred to as “Plaintiff B”), whether the Plaintiff Company B (hereinafter referred to as “Plaintiff B”) is a joint and several surety, with the amount claimed as KRW 525,835,616 on the basis of the authentic copy of the notarial deed of this case, and the amount claimed as KRW 525,835,616, based on the original copy of the notarial deed of this case, C was determined by the above court as a seizure and collection order on September 1, 2011.

hereinafter referred to as "the case."

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