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(영문) 수원지방법원안양지원 2015.07.23 2013가단7958

채무부존재확인

Text

1. Between the Plaintiff and the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), a notice of assignment of claims in attached Form No. 28 of March 28, 2013 is given.

Reasons

The principal lawsuit and counterclaim of this case shall be deemed to be filed together.

1. Basic facts

A. On March 27, 2013, D entered into an agreement on the assignment of claims to the effect that D transfers the following loans and interest (legal interest 5%) to the Defendant:

① Loans 10 million won for a debtor A on June 24, 200 and legal interest 6.37 million won, ② Loans 5 million won for a debtor B on August 18, 199 and legal interest 3.3 million won on August 18, 199

B. On March 28, 2013, D sent to the Plaintiffs a notice of assignment of claims in attached Form No. 24,760,000 won (hereinafter “the notice of assignment of claims in this case”) to the Defendant, and attached a letter of borrowing (Evidence No. 5) that Plaintiff B borrowed five million won from D on August 18, 1999. On the same day, the Defendant sent to the Plaintiffs a content-certified mail demanding the payment of the above KRW 24,76,000 on the same day.

C. On March 28, 2013, Plaintiff B conspired with the Defendant to forge the letter of loan (Evidence 5 of the above letter of loan) and filed a complaint with the Defendant by asserting that the mail requesting the Defendant to repay the letter of loan was forged with a copy of the above letter of loan, and that the above letter of loan was sent to the Plaintiffs, and that the above letter of loan was forged with a copy of the above letter of loan and the above document was used for the above investigation. On March 31, 2014, the Suwon branch office of the Suwon District Prosecutors’ Office (No. 474,6238 of the above letter of loan) issued an appraisal of the above letter of loan on the ground that the above letter of loan was highly likely to be written by Plaintiff A, and the Seoul High Prosecutor’s Office appealed appealed on July 10, 2014, but the Seoul High Prosecutor’s Office dismissed the appeal by the Seoul High Court on April 31, 2014.

On the other hand, Plaintiff B was prosecuted for an accusation with respect to the above accusation, and as head of Suwon District Court Decision 2014Ma475, Jun. 2, 2004.