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(영문) 대전지방법원 2018.11.08 2017가단223160
채무부존재확인
Text

1. The Plaintiff’s notary public C against the Defendant on May 27, 201, 201, No. 4876, based on the No. 4876, May 16, 201.

Reasons

1. The facts acknowledged are as follows: (a) from May 201, the Plaintiff, along with the Defendant, to jointly operate the Egymnasium in Seo-gu Daejeon, Daejeon (hereinafter “instant sports center”); (b) from around May 201, the Plaintiff, with the head of the agency, intended to operate the Egymnasium and the sports center; and (c) to invest money, manage funds, and distribute profits to 5:5.

Therefore, on May 17, 201, the Defendant paid KRW 80 million as the deposit for the lease of the instant sports hall, and paid KRW 25 million as the interior cost.

On June 3, 2011, the Plaintiff loaned KRW 50 million from the former bank on the security deposit, and paid KRW 55 million to F, who was an operator of the former sports center, by neglecting the Defendant’s money, at KRW 5 million.

The Plaintiff agreed to guarantee the principal of KRW 10 million ( KRW 25 million), which is the amount invested by the Defendant ( KRW 5 million).

At the time of the opening of the instant sports center, the Plaintiff was granted a loan of KRW 50 million to the Jeonbuk Bank as security by the Defendant, and the Defendant, by adding KRW 50 million to the above KRW 110 million, demanded the notarial deeds as to KRW 160,000,000,000, and the Plaintiff, May 27, 2011, prepared a deed of debt repayment (Quasi-Loan No. 4876, 201, hereinafter referred to as the “notarial deeds of this case”) with the content that “the Plaintiff, as of May 27, 2011, approves the Defendant to have a loan obligation of KRW 160,00,000,000,000,000,000.”

Although the term of payment for the instant notarial deed is written on May 27, 2014, the rate of payment for the said notarial deed was expressed as an official space on the interest rate or the rate of delay damages.

While operating the instant sports center, the Plaintiff’s wife G and the Defendant sent a monthly settlement. The items in the expenditure column for each month included the principal and interest of the loans of the previous North Korean bank, and adjusted the amount of KRW 1100,000 (2,000,000) to be paid by the Defendant, and distributed the remaining profits to the Plaintiff and the Defendant, one half, respectively.

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