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(영문) 대전지방법원천안지원 2014.11.18 2014가합836

채무부존재확인

Text

1. The Plaintiff’s notary public against the Defendant on September 13, 2012, No. 2045, Sept. 13, 2012.

Reasons

Basic Facts

The following facts may be acknowledged if there is no dispute between the parties, or if the parties concerned are included in the evidence No. 1-6, the evidence No. 2, the statement No. 4, and the testimony of the witness C, and the purport of the whole pleadings.

The defendant loaned money from 13,00,000 won on February 9, 201, 201, 9,700,000 won on April 21, 201, 201, 28,000 won on May 23, 2011, 200, 000 won on June 21, 201, 00, 000,000 won on June 28, 201, 10,000,000 won on June 28, 201, 1,000,000,000 won on June 28, 201, 1,000,000 won on July 50, 201, 2000, 300,000 won on July 30, 200, 2008;

C On March 6, 2012, the Defendant paid only KRW 30,000,00 to the Defendant and failed to repay the remaining principal and interest, and the Defendant demanded C to prepare a notarial deed on the above loan. On April 5, 2012, the Defendant and C drafted a notarial deed of money loan agreement stating that “C shall pay the Defendant the borrowed amount of KRW 70,000,000 in installments to the Defendant on the 28th day of each month at a law firm office: “C shall pay the borrowed amount of KRW 5,00,000 in installments to the Defendant; interest shall be paid at the 28th day of each month at the 28th day of each month; and if delayed, the interest shall be paid at the 30% rate per annum; and if the husband falls short of the husband by the 28th day of each month, the Plaintiff, a joint guarantor, shall be appointed.”

Since C was unable to properly repay the principal and interest, on September 2012, the Defendant demanded C to prepare a notarial deed by designating C as a husband and her mother D as a joint guarantor. The Defendant and C set the loan amount to KRW 104,50,000 up until that time, interest to KRW 2.5% per month, and the due date of repayment to KRW 2.5% on March 31, 2013, with the Plaintiff and D as a joint guarantor.