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(영문) 부산지방법원동부지원 2015.05.15 2015가합101176
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 9, 2010, the Plaintiff is a person who borrowed KRW 40,000,000 from the Defendant through D through a loan broker that was delegated with the authority of the Defendant to execute a loan, establish a mortgage, and receive repayment, and the Defendant is a person who engages in credit business in the name of “E”.

B. (1) On December 3, 2010, the Plaintiff offered as security the Plaintiff’s land of Jongno-gu Seoul Special Metropolitan City C forest land of KRW 170,00 (hereinafter “instant real estate”) and received a loan of KRW 40,00,000 from D, the Plaintiff’s signature and seal on the debtor column of the standard contract for loan transaction in blank, and the credit service provider column signed and sealed the Plaintiff’s signature and seal on the loan amount column, KRW 40,00,000 on the loan amount column, KRW 40,000 on the interest rate column, KRW 2.8,000 on December 9, 2010 on the contract date column, and on December 8, 2011 on the expiration date date date, and each creditor signed and sealed the Plaintiff’s debtor column of the loan certificate in blank (hereinafter “the loan certificate in this case”).

(2) The Plaintiff signed, respectively, a letter of delegation printed out in the same vice language, and the document printed out by the creditor and the mortgagee and the mortgagee of the right to collateral security, which was directly issued on December 3, 2010, with the Plaintiff’s certificate of personal seal (for use) issued on December 3, 2010, delegated the registration of establishment of the right to collateral security to a certified judicial scrivenerF.

(3) On the other hand, D, while making several calls with the Plaintiff, lent money to another owner, will transfer money to the previous owner after completing the registration of establishment of a neighboring mortgage in the future, and the Plaintiff also consented to the purport that the notarial deed should be prepared in the future.

(4) A certified judicial scrivener F is the power of attorney to apply for registration by posting a telephone to the Plaintiff.

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