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(영문) 서울북부지방법원 2018.02.06 2017가단9937
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 30,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 27, 2010, the Plaintiff borrowed KRW 20 million from Defendant C’s children, as well as KRW 10 million on August 1, 201, and KRW 32 million on May 13, 2014. On May 30, 2012, the Plaintiff subrogated for KRW 20 million on the Plaintiff’s interest liability for Defendant B (transfer to the account in the name of Defendant E), which is the Plaintiff’s child.

B. The Plaintiff borrowed KRW 50 million from Defendant B on August 18, 201, and KRW 50 million on August 22, 2011, and KRW 30 million on August 22, 2011. The Plaintiff borrowed KRW 15 million from Defendant C on October 31, 2012 and KRW 15 million on February 28, 2013.

C. On November 12, 2014, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) with respect to the land of Jung-gu Seoul Special Metropolitan City, Jung-gu, which completed the registration of ownership transfer on February 6, 2014 (hereinafter “instant land”). Defendant B completed the additional registration for the transfer of provisional registration after having transferred the said provisional registration from the Plaintiff on October 20, 2015.

On November 28, 2016, the Plaintiff, Defendant B, and F agreed that “The instant provisional registration was cancelled by Defendant B, and the instant compensation of KRW 318,370,000 to F is KRW 140 million, KRW 130,000 to Defendant B, and KRW 48,370,000 to the Plaintiff.”

E. On November 28, 2016, the Plaintiff confirmed that, as of December 10, 2016, the Defendants, a co-creditor, bear the Plaintiff’s obligation of KRW 30 million. The Plaintiff prepared a loan certificate stating that the maturity date of KRW 30 million shall be until January 31, 2017 (no interest exists until the date of repayment) (hereinafter “the instant loan certificate”); and issued the said agreement to the Defendants.

F. On December 20, 2016, F remitted KRW 130 million to Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion is as follows: (a) from October 27, 2010 to February 28, 2013, the sum of 97.5 million won from the Defendants.

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