채무부존재확인
1.The judgment of the first instance shall be modified as follows:
A notary public against the plaintiffs against the defendant is the law firm number 2011.
1. Basic facts
A. From around 2004, Plaintiff A borrowed and repaid money for several times from friendly job offering D, and D died on April 20, 201.
B. On May 18, 2011, the Plaintiffs issued jointly a promissory note of KRW 35 million at the face value as of March 31, 2012 to the Defendant, who is D, the mother of D, with respect to monetary transactions with D. On March 18, 2011, and upon the commission of the Plaintiff A and the Defendant, a notary public signed a notary deed of Promissory Notes No. 144, 201 on the same day at the request of the Plaintiff A and the Defendant.
(B) Promissory Notes under this subsection (hereinafter “instant Promissory Notes”). (c)
Plaintiff
A transferred a total of KRW 29.2 million to the defendant over 31 times from May 31, 2011 to June 27, 2014.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the plaintiffs' assertion 1) borrowed KRW 7,09,000 from D to November 201, 2010 from D, and paid KRW 123,681,00 to D the principal and interest including the interest exceeding the maximum interest rate prescribed by the Interest Limitation Act. Thus, all of the above loan obligations were extinguished. However, the plaintiffs issued the Promissory Notes in mistake by the defendant's deception that the above loan remains unpaid, and since they paid KRW 29,20,000 after the issuance of the Promissory Notes, there is no debt of this case. 2) After the death of the defendant D, the principal of the loan to D is settled as KRW 35,50,000 according to the plaintiff's proposal, and the plaintiffs paid KRW 80,000 per month interest on the above loan to the defendant who is the inheritor of D, and the above Promissory Notes was paid as KRW 29,200,000,000 after the issuance of the Promissory Notes.
B. The instant disposition document, which is a document to determine the assertion of deception or mistake.