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Reasons
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(영문) 서울북부지방법원 2016.04.28 2015가합1370
채무부존재확인
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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 26,310,224 and the amount of said KRW from November 28, 2012.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. A. On March 6, 2008, the Plaintiff and the Defendant entered into a monetary loan agreement with the Plaintiff and the Defendant at KRW 400 million, repayment period of KRW 60 million, May 6, 2008, and interest rate of KRW 3%. Around that time, the Plaintiff paid KRW 376 million to the Plaintiff after restricting the amount of KRW 24 million (hereinafter “the instant monetary loan agreement”).

(2) On March 7, 2008, with respect to the debt of the instant loan, the Plaintiff set up a right to collateral security with respect to the land and D land owned by the Plaintiff and its ground (hereinafter “Plaintiff-owned real estate”), and F, with respect to G land, with a maximum debt amount of KRW 500 million.

On July 24, 2008, the Defendant filed an application for voluntary auction on the whole of the pertinent real estate on July 24, 2008, in which the Plaintiff did not repay the borrowed money.

B. H’s joint and several sureties and performance note prepared by the Plaintiff’s father I will provide joint and several sureties with respect to the loan of this case, and around February 16, 2009, upon the Plaintiff’s request, H prepared a performance note stating that KRW 300,000,000,000,000,000 for the loan of this case plus KRW 18,000,000,000,000 for nine months from June 10, 2008 to February 16, 2009, and KRW 28,000,000,000,000,000 to the Defendant by March 30, 2009 (hereinafter “performance note on February 16, 2009”), and the Defendant voluntarily withdrawn the application for the sale of real estate.

C. On March 27, 2009, the Plaintiff paid KRW 85 million to the Defendant on March 27, 2009, and asked the Defendant to extend the due date for payment on February 16, 2009. The Defendant rejected this request and requested the J, K, L, and M land owned by H.

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