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(영문) 서울고등법원 2016.07.12 2015나2060533
연대보증채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

On July 24, 2009, the Plaintiff entered into with the Defendant for B.

Reasons

1. Basic facts

A. (1) On May 28, 2007, the Defendant (former Mutual Savings Bank Co., Ltd., Ltd.) (formerly prior to the alteration) is the Plaintiff’s father B with KRW 580 million (hereinafter “No. 1”).

(B) In entering into a credit transaction agreement providing a loan to B, the apartment of this case is the apartment of Seocho-gu Seoul Metropolitan Government No. 101 Dong 1001 (hereinafter referred to as “the apartment of this case”) without separate and joint guarantee.

2) On the other hand, on the instant apartment, the registration of creation of a mortgage was completed with a maximum debt amount of KRW 754 million.2) On the other hand, on the instant apartment, the registration of creation of a mortgage consisting of the mortgagee, the Korea Citti Bank (hereinafter “Korea Citti Bank”) and the maximum debt amount of KRW 1.388 billion.0 million was completed.

B. 1) On July 24, 2009, the Defendant entered into a credit transaction agreement with B (hereinafter “the instant credit transaction agreement”) (hereinafter “the instant credit transaction agreement”) with B on July 24, 2009, KRW 180,000,000,000 per annum, interest rate of KRW 7.5% per annum, maximum damages rate of 24% per annum, and July 24, 2010, the expiration date of the credit.

(B) the loan was made to B by entering into the contract (hereinafter “second loan”).

(2) Of the Second Loans, the Defendant concluded a credit transaction agreement in this case with respect to the instant apartment, thereby maintaining the registration of creation of a mortgage on the instant apartment and completing the registration of creation of a mortgage on the instant apartment amount of KRW 1.69 billion with respect to the maximum debt amount of KRW 1.69 billion.

3B made repayment of the above additional loans to the Korea C&T Bank and cancelled the registration of establishment of the first priority collective housing in the apartment of the Korea C&T Bank.

C. The plaintiff 209

7. B, as a principal debtor, concluded the instant credit transaction agreement with the Defendant and entered into a contract on guarantee with the Defendant as a joint and several surety (hereinafter “instant guarantee agreement”). D.

At the time of the instant guarantee contract, the Defendant as well as the Plaintiff’s mother, E.

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