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(영문) 의정부지방법원 2019.07.25 2018나212253

채무부존재확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The court's explanation on this part of the judgment of the court of first instance is identical to the corresponding part of the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this part of the reasoning of the judgment of the court of first instance is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The following is added to the portion 1 of the judgment of the court of first instance: (d) around April 15, 2013, the Plaintiff prepared a sales contract in which the sales contract was fully made with respect to NF lending (sale price of KRW 154,00,00) designated by the Defendant in the name of L around April 15, 2013; (e) around June 20, 2013, the value of the goods supplied by the Defendant is KRW 256,385,00; and (e) the value of the newly constructed loan received by the Defendant is KRW 123,30,000 (E) and KRW 138,60,000 (N) or KRW 40,000 related to the above NF lending, KRW 134,40,00,00,000 "No. 20,300,300,000 for the remaining goods to the Plaintiff."

3 In the last part of Part 3, the phrase “B No. 3” shall be added.

2. The plaintiff's assertion

A. The Plaintiff and the Defendant concluded a sales contract on the instant loan. At the time, the Plaintiff and the Defendant agreed that KRW 40,000,000 on the instant loan sales contract was paid by the Defendant in lieu of the repayment of obligations under the instant payment order, or agreed that the Plaintiff would transfer the instant loan to the Defendant and settle the excess amount separately.

Therefore, this case's loan sale contract was concluded.