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(영문) 서울동부지방법원 2018.05.25 2017가합111527
채무부존재확인
Text

1. The obligation of the Plaintiff (Counterclaim Defendant) to the Promissory Notes amounting to KRW 1,00,000,000, which was issued on December 22, 2006, does not exist.

Reasons

1. Basic facts

A. On December 22, 2006, the Plaintiff issued one copy of the Promissory Notes (hereinafter “the Promissory Notes in this case”) with the husband’s net account amounting to KRW 1,000,000,000, Korea Standards, Korea Standards, Inc., Ltd., the place of payment, and the Promissory Notes in the blank for Payment Date.

B. C transferred the instant promissory note to the Defendant on December 27, 2006.

C. On the other hand, C borrowed money from the Defendant, and major monetary transaction details are as follows.

(2) From December 20, 2006 to December 22, 2006, C borrowed the debt of KRW 2,000,000 from the Defendant (hereinafter “the debt of this case”). On December 20, 206, C borrowed the debt of KRW 1,980,000 with a temporary amount of debt of KRW 50,000 on December 20, 206, the Defendant paid KRW 1,000,000 after deducting the interest of KRW 1% on KRW 20,000,000 on December 21, 2006 from the debt of KRW 1,980,000.

The facts that Gap evidence 1-1, 3, 500,000 won No. 1-2 on December 22, 2006, 2006 did not dispute over KRW 300,000,000 on June 28, 2012 (cash) Eul evidence Nos. 1-28, 300,000 on September 30, 2013 (cash) evidence Nos. 5-1,50,000 on October 31, 203, 4203, Eul evidence No. 5, 1,000,000 on September 21, 2009, No. 200,000 won on September 20, 2012, Gap evidence No. 200-20,50,200 on September 30, 2012

D. Upon C’s death on June 18, 2015, and the payment of interest on the instant loan obligations, etc. was delayed, the Plaintiff presented a payment proposal to the Bank by filling the due date for the instant promissory note as of November 27, 2017.

However, the bill of this case was refused to pay due to lack of deposit.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. On December 22, 2006, the Plaintiff issued two promissory notes with the face value of KRW 1,000,000,000 and the maturity blank.

On September 21, 2009, C repaid to the Defendant KRW 1,000,000,000 and collected one copy of the Promissory Notes, and the Defendant continues to do so.

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