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(영문) 의정부지방법원 2014.12.12 2014가단16357
채무부존재확인
Text

1. The Defendant’s notary public against the Plaintiff is based on the notarial deed No. 428, 2012.

Reasons

1. Facts of recognition;

A. On March 21, 2012, the Plaintiff: (a) provided services as an insurance solicitor, such as signing a contract on life or non-life insurance with the non-party company or receiving premiums therefrom; (b) concluded a contract on appointment of an insurance solicitor with the non-party company to receive allowances and fees from the non-party company; and (c) was on the part of the non-party company as an insurance solicitor from around that time.

B. On March 23, 2012, the Plaintiff issued to the Defendant a notarial deed under a monetary loan agreement to the effect that a notary public borrowed KRW 10 million from the Defendant as of July 25, 2012 at the office of Songwon (hereinafter “instant notarial deed”) to the effect that the Defendant would have no objection even if he/she was immediately subject to compulsory execution when he/she delayed the repayment of the said loan.

C. The Plaintiff borrowed KRW 5 million from the Defendant on March 26, 2012, and repaid the said money to the Defendant from March 31, 2012 to July 25, 2012.

On the other hand, the plaintiff was dismissed from the insurance solicitor of the non-party company around December 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-3-6, Eul evidence 1-1, the purport of whole pleadings

2. The parties' assertion

A. Of the notarial deeds of this case, KRW 5 million, which is the principal of the notarial deed of this case, the plaintiff secured the plaintiff's repayment of KRW 5 million borrowed from the defendant, and the remaining KRW 5 million is to guarantee the plaintiff's collection obligation, such as various allowances to be borne by the non-party company in the future.

After that, until July 25, 2012, the Plaintiff repaid all KRW 5 million from the Defendant, and on the other hand, the amount to be recovered by the Plaintiff to be returned to the non-party company is merely KRW 4,175,393, while the Plaintiff’s insurance contract maintenance allowance 3,542,229, and travel expenses reserve funds from the non-party company.

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