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(영문) 인천지방법원부천지원 2014.11.18 2014가단31617
채무부존재확인
Text

The Plaintiff’s obligation based on a loan for consumption contract around October 201 against the Defendant may not exceed KRW 4,660,000.

Reasons

Facts of recognition

On July 2010, the Plaintiff lent KRW 5,000,000 to the Defendant.

From October 5, 201 to October 6, 2011, the Defendant lent a total of KRW 45,00,000 to the Plaintiff, and up to “the loan agreement of this case”. As to this, the Plaintiff repaid KRW 35,340,00 in total between October 20, 201 and June 20, 2013. [Grounds for recognition] There is no dispute. The Plaintiff’s assertion that the Plaintiff purchased the loan of KRW 35,340,00 in installments with the Defendant’s loan of KRW 460,00 (including the provisional parcel number number) and the total pleading’s assertion that the Plaintiff paid the loan of KRW 40,00 to the Plaintiff at an annual interest rate of KRW 9,660,00 under the loan contract of this case, KRW 400, KRW 500, KRW 400, KRW 5000, KRW 500, KRW 4005, KRW 500, KRW 2005, KRW 5006,

If so, the debt based on the loan contract of this case against the defendant does not exceed 4,660,000 won, and as long as the defendant contests the scope of the debt, the plaintiff has a benefit to seek confirmation.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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