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(영문) 인천지방법원 2018.11.23 2018가합52203

채무부존재확인

Text

1. The obligation of the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff) based on the loan for consumption concluded on April 10, 2012 is as follows 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 10, 2012, upon receipt of KRW 500 million from the Defendant, the Plaintiff and the Plaintiff’s spouse written each letter (hereinafter “each letter of this case”) stating that KRW 500 million shall be paid by adding KRW 100 million to KRW 500 million until April 10, 2013, and that KRW 600 million shall be set up in the future for establishing the right to collateral security with the maximum debt amount of KRW 600 million to the Defendant’s real estate owned D (hereinafter “each of this case”). On the same day, a notary public issued and delivered a promissory note to the Defendant on April 10, 2013, with KRW 50 million, the date of payment, the place of payment, and the place of payment in Kimpo-si respectively, and on the same day, a notary public issued and delivered a promissory note to the Defendant on April 10, 2012 under the E-Law 2012, notarial deed stating that there was no objection to compulsory execution without delay.

was drawn up.

In each letter, KRW 500,000,000 won, he/she shall receive the above money in full and at the same time draw up a separate promissory note, and deliver it immediately by means of a notarial act at the E-law office located in Kimpo-si, and promises to carry out the following matters as a result thereof:

1. Principal payment period: Payment date on a promissory note; and

1. The agreement on interest shall, without separate consideration, be concluded to pay an additional amount of KRW 100 million at the same time other than principal, and the obligation shall cease to exist at the same time.

1. The place and method of repayment: It shall be paid in connection with the address of the creditor;

In order to secure the above debt, the right to collateral shall be established with a maximum debt amount of KRW 600,000 for the real estate owned by the principal and the execution of the right to collateral shall be in accordance

1. The assignment of this claim to a third party does not object thereto, and the debtor bears the same obligation to the assignee.

2.The lawsuit concerning this contract shall be determined by the court having the jurisdiction over the address of the obligee.

Provided, That this letter of loan shall be a copy of the sales contract attached to the subsequent page.