beta
(영문) 서울중앙지방법원 2019.08.23 2018가합592687

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is in a relationship with C, and the defendant is the mother of C.

B. C, on November 29, 2018, borrowed 600,000,000 won as security, apartment buildings owned by it from the Dispute Resolution D.

C. C provided a total of approximately KRW 500,000,000 gifts, etc. to the Plaintiff with a chain of interest over several times.

The defendant, who became aware of this, demanded the plaintiff to return the profits he received from C as gift, etc., and on December 10, 2018, the plaintiff is "a certificate of borrowing from the defendant as of December 10, 2018 (hereinafter referred to as the "certificate of borrowing from the defendant") as follows:

was drawn up.

J. O. O.O.S.C.

1. The borrower (Plaintiff) confirms that the above amount was borrowed without the mold on November 20, 2018 and promises to the following provisions:

2. The borrower agrees to dispose of the real estate under the name of the borrower located in the United States within six months and pay the above amount in the manner designated by the obligee on the 19th day of each month.

3. The borrower shall make reimbursement within six months in accordance with paragraph 2, and if the real estate in the United States is not disposed of, the borrower shall have a grace period of three months thereafter.

E. On December 17, 2018, the Plaintiff: (a) stated that the Defendant is “a certificate of borrowing as specified below (hereinafter “the certificate of borrowing as of December 17, 2018”; and (b) the Plaintiff’s combination of the loan certificate as of December 10, 2018 and the loan certificate as of December 17, 2018 and the loan certificate as of December 17, 2018 is “each of the instant certificates of borrowing.”

I have drawn up again. I have confirmed that the amount was borrowed without the mold on November 20, 2018, in the amount of one hundred and fifty million Won Won (Won 550,000,000) (the plaintiff shall have agreed that the amount was borrowed without the mold on November 20, 2018, and that:

1. Date of repayment: Within February 20, 2019;

2. Interest: 6 million won per month;

3. Method of payment: It shall be deposited into the creditor's bank account on the 19th day of each month.

(E Bank: F)

4.In the following cases, the benefit of time shall be naturally forfeited and all of the principal and interest of the remaining obligations shall be paid immediately: