채무부존재확인
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. On May 18, 201, the Plaintiffs, as married couple, issued a promissory note of KRW 35,000,000 (hereinafter “instant promissory note”) with the payment date on March 31, 2012, and commissioned a notary public to prepare a notarial deed in the number of law firms. Accordingly, the notarial deed No. 144 of the said notarial deed was drawn up on the same day. The instant promissory note was issued as the Defendant’s children in relation to the Defendant’s loans to the Plaintiff on the deceased net D’s credit as of April 20, 2011.
Plaintiff
A remitted 29,200,000 won to the Defendant from May 31, 2011 to June 27, 2014.
【Ground for Recognition: Each entry in the Evidence Nos. 1 and 4, and the purport of the whole pleadings】
2. The parties' assertion
A. The plaintiffs Gap borrowed KRW 70,980,00 from November 2009 to November 201, 2010 from the deceased, and since they repaid to the deceased the principal and interest (including interest exceeding the maximum interest rate set forth in the Interest Limitation Act), all of the above loan obligations were extinguished. The above loan obligations were extinguished. The plaintiffs issued the Promissory Notes in mistake by the defendant's deception that the above loan obligations remain remaining, and since they paid KRW 29,20,00,00 after the issuance of the Promissory Notes, there was no obligation to pay the instant Promissory Notes.
B. After the death of the Defendant deceased, the principal of the loan to the Plaintiff A was settled at KRW 35,00,000 according to the Plaintiff’s proposal, and the Plaintiffs issued the Promissory Notes under the agreement to pay the principal of the loan and the interest thereon to the Defendant, the inheritor of the deceased, as KRW 80,000 per month, and the amount of KRW 29,20,000 paid after the issuance of the Promissory Notes was fully appropriated for the said interest.
3. Determination
A. As long as the authenticity of the Promissory Notes, which is a disposal document, is recognized with respect to the assertion of deception and mistake in the process of the issuance of the Promissory Notes, the content thereof shall be followed.