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(영문) 부산지방법원 서부지원 2018.10.05 2017가단108729

채무부존재확인

Text

1. Certificate No. 25, 2015, No. 25, 2015, dated January 9, 2015, issued by the Plaintiff against the Defendant.

Reasons

1. Basic facts

A. The plaintiff is the representative director of the non-party LAD (hereinafter referred to as the "non-party company"), and the defendant is a company engaged in the business of manufacturing, selling, and exporting and importing fishery products, such as silent.

B. Although the Defendant Company continued to supply silents, etc. to the Nonparty Company, the Nonparty Company did not pay part of the price. On January 9, 2015, the Defendant Company prepared a notarial deed (No. 200,000,000 won, and until December 31, 2015, 2015, stating that “The obligation to pay the goods to the Defendant Company is repaid to the Defendant Company by the date of compulsory execution.” (No. 25, 2015, the No. 320, the No. 2015, the No. 35, the No. 2015, the No. 2015, the No. 2015, the No. 2015, the Plaintiff jointly and severally guaranteed the obligation to pay the goods (hereinafter “instant goods”).

(hereinafter referred to as "joint and several liability of the plaintiff").

As the Defendant Company did not repay the instant goods payment obligation even after the maturity date, on November 2016, the Defendant Company hired Nonparty E and assigned the position of “director” and took charge of collecting the said goods payment obligation. D.

On March 3, 2017, the Plaintiff cited the copy of the instant notarial deed as it is without correcting the “D and B’s E director’s testimony” to “D and B’s 200 million won approval from gold 200 million won.”

The phrase of this case (hereinafter “the phrase of this case”) must be written as follows: (a) obtained the signature of E, and (b) directed the non-party F, the Plaintiff’s wife, to transfer KRW 100 million to the Defendant Company by posting a telephone at that location; and (c) the F immediately remitted KRW 100 million to the bank account in the name of the Defendant Company according to the direction.

E. On February 28, 2017, Nonparty Company reported the closure of business to the competent tax office.

【Ground of recognition】An absence of dispute, A’s evidence 1, 2, 2, 2.