채무부존재확인 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
1. Basic facts
A. On March 19, 2013, the Defendant deposited KRW 50,000,00 in the account under C’s name.
B. From August 2, 2013 to August 20, 2013, the Defendant deposited KRW 70,200,000 in total with the Plaintiff’s account in the name of the Plaintiff.
C. On August 13, 2013, the Plaintiff loaned KRW 130,00,00 to the Plaintiff on August 13, 2013 as the Daejeon General Law Firm 2013, and the Defendant, on August 13, 2013, as the maturity date, at the rate of KRW 130,000,00 to the Plaintiff on August 12, 2016 and interest rate of 25.2% (payment on August 12, 2016). The Plaintiff borrowed this, and the Plaintiff, if the Plaintiff did not perform its obligation, drafted a notarial deed of a monetary loan agreement with the purport that the Defendant recognizes compulsory execution (hereinafter “instant authentic deed”).
The Defendant received all interest on the loan from the Plaintiff until November 12, 2014, and received KRW 1,458,000 as interest on the loan on December 12, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3 through 5, the purport of the whole pleadings
2. Determination
A. As to the existence of the Plaintiff’s obligation to borrow money against the Defendant, the Plaintiff asserted that the Defendant paid only KRW 70,200,000 to the Plaintiff’s account under the Plaintiff’s name, but did not pay the remainder of KRW 50,80,000. As the Plaintiff received KRW 70,200,000 from the Plaintiff’s account under the Plaintiff’s name regardless of the Plaintiff’s actual operator, the Plaintiff was not obligated to pay the Defendant the loan amount of KRW 130,00,000 and interest thereon.
On March 19, 2013, the Defendant lent KRW 50,000,000, out of the Plaintiff’s debt of KRW 100,000,000 to the Plaintiff by subrogation. On August 13, 2013, the Defendant lent KRW 9,80,000 to the Plaintiff in cash. From August 2, 2013 to August 20, 2013, the Plaintiff loaned KRW 70,200,00 deposited to the Plaintiff’s account in the Plaintiff’s name. As such, the Plaintiff loaned to the Defendant on the instant authentic deed.