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(영문) 서울중앙지방법원 2013.11.12 2012가합83716
채무부존재확인
Text

1. The Plaintiff’s obligation to the Defendant does not exist beyond KRW 649,659,931.

Reasons

1. Basic facts

A. C, the representative director of B (hereinafter “B”) of the Plaintiff, around January 2008, would allow D, the Plaintiff’s husband, to offer a loan by collateraling the above deposit when the Plaintiff deposits KRW 1.2 billion in B.

B. On January 23, 2008, the Plaintiff, through husband D, withdrawn KRW 1.2 billion from the new bank via a cashier’s checks, and paid KRW 1.2 billion to C at the representative director’s office located at the branch of Seo-dong B on the same day, and C received KRW 1.2 billion from the receipt of the KRW 1.2 billion, and C prepared and issued a confirmation document (A evidence 3; hereinafter “instant confirmation document”).

C. C received the above check on January 23, 2008, and deposited the entire amount into B account on January 24, 2008, which is the following day, and B provided loans to the Plaintiff on the same day by setting the amount of KRW 1,150,000 as the maturity date of payment of KRW 1,150,000 on January 24, 2009, the interest rate of KRW 9% per annum, and the rate of damages for delay at 22% per annum.

As of May 4, 2012, the Plaintiff’s loan obligation against B is KRW 1,849,659,931, including the above loan obligation (=general loan KRW 1,150,000,000, KRW 699,659,931).

E. On April 30, 2013, when the instant lawsuit was pending, the Seoul Central District Court rendered a ruling of bankruptcy regarding B as the Seoul Central District Court 2013Hahap54, and the Defendant appointed as the trustee in bankruptcy taken over the status of B’s lawsuit in the instant case.

【In the absence of dispute, Gap evidence 3 (the defendant's representative director Eul's writing stated in the letter of confirmation of this case may not be written by Eul, and the authenticity of the petition is denied. However, in full view of the whole purport of the arguments as a result of the appraiser E's written appraisal, Eul's name and the completion of the signature mentioned above are acknowledged as C's pen, and there is no other evidence to acknowledge the defendant's assertion, the defendant's above assertion is without merit), Gap evidence 4, and Eul's written document.

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