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(영문) 대전지방법원홍성지원 2020.06.19 2018가단9203

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the Plaintiffs’ evidence No. 1 and the overall purport of the pleadings, the Plaintiffs and the Defendant acknowledged that a notary public, on November 22, 2017, against the Defendant on November 22, 2017, under a monetary loan agreement, the Plaintiffs are liable to pay KRW 149.5 million to the Defendant on November 22, 2017, pursuant to a monetary loan agreement, and without any agreed terms, the due date shall be November 24, 2017; however, if the Plaintiffs delayed the due date, the Plaintiffs shall pay damages for delay by 15% per annum; however, it is recognized that the Plaintiffs prepared a notarial deed (hereinafter referred to as “notarial deed of this case”).

2. The plaintiff's assertion and judgment

A. On July 4, 2017, Plaintiff A was in office as the secretary general of the E-Trade Union, and Plaintiff B, while working as the person in charge of the F Corporation site, drafted an agreement between G and G on the guarantee of approximately 400 of the number of brin restaurant meals, and thereafter the construction was suspended.

Since July 14, 2017, Plaintiff B borrowed KRW 8 million on the same day, KRW 20 million on August 1, 2017, and KRW 20 million on or around August 1, 2017, Plaintiff A borrowed KRW 20 million on or around August 2, 2017, and thereafter Plaintiff A borrowed KRW 9 million on or around August 2, 2017, and the Plaintiffs have the obligation to pay KRW 41 million to the Defendant. However, Defendant and Nonparty G drafted an agreement (Evidence 3) stating that the Plaintiffs would have to pay KRW 1459 million to the Defendant without any choice.

Even after the Defendant continued to commit violence and intimidation against the Plaintiffs, the Plaintiffs drafted the notarial deed of this case by coercion of the Defendant. As such, the Plaintiffs, upon the delivery of a duplicate of the complaint of this case, cancel the declaration of intention based on the above agreement and the notarial deed, and seek confirmation of non-existence of the portion exceeding KRW 41,00,000 out of the corresponding debt.

B. The Defendant is related to the preparation of the instant notarial deed.