beta
(영문) 의정부지방법원 2018.02.06 2016가단119069

청구이의

Text

1. The Defendant’s notary public against the Plaintiff is on the notarial deed of Promissory Notes No. 231 of the 2015 Paper C prepared by C.

Reasons

1. Basic facts

A. On August 2014, the Plaintiff was an employee of his/her restaurant (trade name: D) who was employed by E from around one year to around one year. On April 16, 2015, the Plaintiff issued to the Defendant a promissory note (hereinafter “instant promissory note”) with the face value of KRW 30 million and the due date of payment, May 16, 2015, and on the same day, a notary public drafted a promissory note No. 231 of C’s 2015 deed (hereinafter “notarial deed of this case”).

B. E notified the Plaintiff of the G bank account in F’s name (Account Number: H; hereinafter “F’s account”) and paid interest on the instant debt based on the Notarial Deed to the said account.

Accordingly, the Plaintiff paid KRW 280,00 on May 28, 2015, KRW 280,00 on the title of the F, KRW 2 million on June 29, 2015, KRW 200,000 on July 28, 2015, KRW 200 million on August 28, 2015, KRW 250,000 on August 28, 2015, KRW 250,000 on September 29, 2015, KRW 250,500 on October 29, 2015, KRW 250,00 on November 28, 2015, KRW 250,000 on December 25, 2015, KRW 600,000 on the title of the instant deed, and KRW 168,000,00 on August 261, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply), witness I's testimony, witness E's partial testimony, and purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion that the Defendant lent KRW 24.5 million to the Plaintiff was transferred from the K Bank Account under the name of J and the K Bank Account used by E to the Plaintiff’s M Bank Account. The Plaintiff did not receive the remainder of KRW 5.5 million from the Defendant.

Therefore, since there is no debt owed by the plaintiff to the defendant, it is guaranteed to pay the above debt.