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(영문) 서울고등법원 2014.12.03 2013나64108
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation as to this case is as follows, and the reasoning for the judgment of the court of first instance is the same as the ground for the judgment of the court of first instance, and thus, this conclusion is cited by the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the Plaintiff’s additional assertion

A. The Plaintiff asserts that the Plaintiff renounced or exempted interest in arrears, and that the Bank waived or exempted the overdue interest claim on the loan obligations under the instant credit transaction agreement and the instant additional agreement.

However, the evidence Nos. 5, 6, 8, and Eul No. 11 (including loans submitted by the defendant as reference material on August 13, 2014) are written, evidence Nos. 5, 6, 8, and Eul No. 11 (including loans submitted by the defendant as reference material on August 13, 2014), the testimony of the witness D and the overall purport of the pleadings are considered as follows. In other words, according to the Rules on Standards for Savings Bank, if the debtor and guarantor's assets are not transferred and the recovery of claims is no longer available, they may waive the special claims, such as non-paid interest claims, according to the standards set by the board of directors. In such cases, the president shall be recorded and arranged after the completion of follow-up management; ② Pursuant to Articles 43-3 and 52 of the Standard Business Manual, loans classified as fixed or below for early recovery of loans or normal credit transactions, and ③ the intention of the representative director of the Bank to vest the loan of this case in violation of the Rules No. B. 37.

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