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(영문) 의정부지방법원고양지원 2015.08.19 2014가합5852
채무부존재확인 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. From August 25, 2008 to August 2012, the Plaintiff, through a medical corporation C, operated the F-type capital department located on the second floor of the building in Gyeyang-gu, Seoyang-gu, Seoul through D (hereinafter “D”) thereafter.

B. Around March 2008, the Defendant became aware of the Plaintiff, and served in F prison affairs from August 25, 2008 to March 22, 2013.

C. On May 30, 2012, the Plaintiff and the Defendant: (a) borrowed KRW 73,50,000 from the Defendant on May 30, 2012; and (b) paid the above borrowed money to the Defendant by August 30, 2012; (c) prepare a notarial deed listed in attached Table 1 (hereinafter referred to as “notarial deed 1”) indicating that the Plaintiff is not dissatisfied with compulsory execution; (d) as a notary public on July 18, 2012, a notarial deed drawn up by the Defendant on July 17, 2012, the Plaintiff borrowed KRW 40,000 from the Defendant on June 1, 2012, and paid the above borrowed money to the Defendant by July 25, 2012; and (e) prepared a notarial deed stating that the Plaintiff is not subject to compulsory execution even if the Plaintiff did not perform its obligation (hereinafter referred to as “notarial deed”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Under the Plaintiff’s assertion, the Plaintiff’s obligation to the Defendant based on each of the notarial deeds of this case does not exist. As such, the Plaintiff sought confirmation that there is no obligation based on each of the notarial deeds of this case, and sought preliminary exclusion from compulsory execution based on each of the notarial deeds of this case.

1) The Defendant alleged invalidation or partial invalidation of No. 1 notarial deed (A) operated the FFFFF in the form of the business with the Plaintiff, and, at the time of liquidation of the business relationship, requires the settlement of wages and the difference in the period of the business, and refuses to comply therewith.

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