채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 1, 2013, D Co., Ltd. (hereinafter “Co., Ltd.”) prepared and delivered a loan certificate stating that “D shall borrow KRW 60 million from the Defendant, but in which case KRW 30 million shall be paid in the amount of KRW 30 million on May 31, 2013 and the remainder of KRW 30 million shall be paid in June 30, 2013” (hereinafter “the loan certificate of this case”) to the Defendant, who is the representative director of D, signed by E Co., Ltd. as joint and several sureties.
The defendant deposited KRW 30 million into D's account on February 5, 2013.
Since then, a promissory note (hereinafter “instant promissory note”) was issued as “the issuer and E, the payee, the Defendant, the par value of KRW 60 million, the issue date, April 5, 2013, and May 31, 2013,” and the due date. A certified judicial scrivener F entrusted the preparation of a notarial deed on April 8, 2013 as the issuer (Plaintiff and E)’s agent and the addressee (Defendant), and the promissory deed as stated in the claim for the instant promissory note was prepared (hereinafter “instant notarial deed”).
In addition, in parallel with the issuance and preparation of the Promissory Notes in this case and the Notarial Deed, a Promissory Notes (hereinafter “D Promissory Notes”) issued separately on April 5, 2013, with the date of issuance, and on May 31, 2013. A certified judicial scrivenerF entrusted the preparation of a Notarial Deed on April 8, 2013 as the representative of the issuer (D) and the payee (Defendant) and a notary public with respect to D Promissory Notes (hereinafter “D Promissory Notes”) signed a No. 556, No. 2013, Apr. 8, 2013.
[Ground of recognition] Evidence No. 3, Evidence Nos. 1 and 11, and the purport of the whole pleadings
2. The plaintiff's assertion
A. The Promissory Notes in this case are written by F without any authority, and the Plaintiff did not delegate F with the issuance of the Promissory Notes in this case and with the commission of the preparation of the Notarial Deed in this case.
B. The defendant asserted that he lent D money only to the plaintiff.