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(영문) 부산지방법원 2016.05.12 2015가단236413
채무부존재확인
Text

1. The plaintiff is based on the monetary loan agreement concluded on July 30, 2010 between the plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff).

Reasons

1. Basic facts

A. On July 30, 2010, the Defendant lent KRW 180,000,000 to Nonparty C, who is the Plaintiff’s server, to Nonparty C, and determined the maturity on December 30, 2010 as follows: 0.1% (1,50,000) per month for interest on KRW 150,000,00 among them; 30,000 as of July 31, 2013; and 30,000,000 for remainder as of December 30, 201.

B. After that, at the Defendant’s request, the Plaintiff drafted, on July 30, 2010, a certificate of loan with the content that the Plaintiff shall pay KRW 150,000,000 out of the above KRW 180,000 to the Defendant on July 31, 2012, but shall pay KRW 3,00,000 per month as interest (hereinafter “certificate of loan”).

(C) A. [Grounds for recognition] A. 1, 2 (including paper numbers), 10 of evidence No. 10, and the purport of the whole pleadings.

2. Determination as to the cause of the principal claim

A. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 3 through 5 (including the provisional serial number), the plaintiff remitted a total of KRW 50,000,000 to the defendant on July 18, 2012, the defendant: "The above KRW 50,000,000 to the defendant" means that Eul voluntarily pays the principal amount of KRW 180,000 borrowed on July 30, 2010 to December 31, 2013, and the plaintiff, who is D's interest from July 1, 2012 to December 31, 2013, is liable for the repayment of KRW 180,000 borrowed by C, and the plaintiff and the plaintiff are not liable for the repayment of KRW 50,000 to the plaintiff, and the defendant may request the plaintiff to accept the above amount through the e-mail receipt of KRW 180,000 (00).

B. According to the above facts, the Plaintiff’s loan debt of KRW 180,000,00 against the Defendant, whichever is 150,000.

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