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(영문) 대전지방법원 2015.09.17 2014가단46379
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 50,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant lent C to C as follows:

The amount of KRW 20,00,000 per annum 10,000 on November 5, 2012, 200 on the date when the interest on the loan was due and due date, and KRW 19,400,000 on March 5, 2013, 2013, shall be transferred from the Defendant’s D’s account to C’s name.

B. ① As to the Defendant, the Defendant: (a) the Defendant: (b) the Defendant: (c) the F claimed KRW 20,000,000 against C; and (d) the E, the Defendant, F, and C agreed that “C shall directly pay KRW 20,000,000 to E” around July 2013 (hereinafter “instant fourth-party agreement”).

C. According to the above agreement, C drafted on July 10, 2013 a notarial deed of a loan for consumption (No. 3) for a loan of KRW 20,000,000 at the face value of E as creditor, as debtor C, as creditor, and as debtor, as creditor.

C Around October 2013, the Defendant, E, and C agreed that “E shall transfer 20,000,000 won of the above claim against E to the Defendant, and the Defendant shall pay 20,000,000 won directly to E”.

Accordingly, the defendant paid E KRW 20,000,000.

E. On October 29, 2013, the Plaintiff promised to pay the Defendant the amount of KRW 50,000,000 to the Defendant, and accordingly, the Plaintiff, on October 29, 2013, issued and delivered a certificate of borrowing KRW 50,00,000 to the Defendant, and on October 29, 2014, the date of maturity, the borrower, the Plaintiff, and C, a joint and several surety (hereinafter “the instant certificate of borrowing”). Accordingly, the Defendant returned the Plaintiff the certificate of borrowing KRW 20,00,000,00 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, 5, 6, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The Plaintiff’s assertion 1) After the instant fourth-party agreement, F, the Defendant, and E agreed to take over the claim KRW 20,000,000 against E by mutual agreement.

B. The loan of KRW 10,000,000 on November 5, 2012 was made jointly and severally by the plaintiff.

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