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(영문) 부산지방법원동부지원 2015.12.04 2015가단13777
채무부존재확인
Text

1. The defendant's loan case against the plaintiff was based on the payment order dated March 6, 2008.

Reasons

1. The parties' assertion

A. On December 30, 2004, the Plaintiff’s assertion received KRW 22.1 million from the Defendant, and paid KRW 9 million each month the Defendant subscribed to the Defendant’s pension insurance and paid KRW 1.0 million each month. Upon cancelling the above pension insurance, the Plaintiff was obligated to pay KRW 13.1 million to the Defendant only, and thereafter, the Plaintiff was released from the Defendant on January 12, 2006, KRW 4690,000 on February 28, 2007, KRW 200,000 on March 2, 2007, KRW 700,000 on March 5, 2007, KRW 300,000 on March 19, 2007, KRW 308,000 on December 19, 2007, the Defendant claimed for compulsory execution against all of the Plaintiff’s obligations.

B. The defendant alleged on December 30, 2004 paid 24 million won to the plaintiff (i.e., remittance of 22.1 million won). The plaintiff paid 19,485,00 won to the defendant from January 21, 2005 to March 5, 2007, and the remainder of 4,515,00 won (i.e., KRW 24,00,000 - KRW 19,485,000 - KRW 19,485,000). The plaintiff did not receive 300,000 won from the defendant's insurance premium to the defendant on October 30, 2007, the defendant did not receive 115,000 won from the plaintiff, and the remaining amount of 4,400,000 won after the defendant's repayment order was paid to the defendant's 200,000 won (Evidence evidence 1).

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