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(영문) 대법원 2015.02.12 2012다70715

채무부존재확인등

Text

The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Daegu District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Comprehensively taking into account the evidence adopted by the court below: ① the Plaintiff’s wife borrowed and repaid money several times from the Defendant; on July 15, 2004, the Plaintiff established a provisional registration of the right to claim ownership transfer from the Defendant with respect to the instant apartment Nos. 2603 (hereinafter “the instant apartment”); ② after settling accounts of borrowed money up to July 31, 2009, C agreed to pay 47 million won to the Defendant up to December 31, 2010, the remaining amount of the loan KRW 30,000 to the Defendant by December 31, 2010, the Plaintiff agreed to obtain payment from the Defendant’s 200, Daegu General Law Office No. 974, Jul. 31, 2009, “C bears the following obligations from the Defendant, and agreed to pay 30,000,0000 won interest on the instant apartment No. 970, Mar. 19, 2009.”

Furthermore, according to the evidence adopted by the court below, on September 7, 2008, the court below prepared a loan certificate of KRW 65 million to the defendant on September 7, 2008 and guaranteed the plaintiff's above 65 million, and C prepares a loan certificate of KRW 18 million to the defendant on September 7, 2008.