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(영문) 인천지방법원부천지원 2015.01.08 2014가합7871
채무부존재확인
Text

1. The Plaintiff’s obligation under the monetary loan agreement concluded on September 25, 2014 against the Defendant does not exist.

Reasons

1. Indication of claim;

A. On September 25, 2014, the Plaintiff borrowed KRW 200 million from the Defendant and repaid KRW 30 million to the Defendant until September 26, 2014, and paid KRW 170 million until October 10, 2014.

“The loan certificate was drawn up and issued.”

B. However, the above KRW 200 million was the money borrowed by the Defendant in the course of making the Plaintiff with the Defendant, C, etc. with the instant golf ( KRW 200,00,000 per other party to KRW 1 to KRW 4 million). Since the above golf was a fraudulent gambling in collusion with the Defendant, C, etc., or was aware that it would be used as money for gambling even if it was not a fraud, the above loan constitutes illegal consideration under Article 746 of the Civil Act.

C. Therefore, although the Plaintiff did not have the obligation to return the above KRW 200 million to the Defendant, the Defendant sought payment of the above loan, the Plaintiff seeks confirmation against the Defendant that there is no obligation under the monetary loan agreement dated September 25, 2014.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts.

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