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(영문) 서울고법(인천) 2019.12.13 2019나11249
채무부존재확인
Text

1. The remainder of the judgment of the court of first instance, excluding the dismissed part of the lawsuit, shall be modified as follows:

The lawsuit of this case.

Reasons

1. In the first instance court, the Plaintiff filed a suit of objection to the instant notarial deed and a suit of confirmation of existence of obligation and a claim for restitution of unjust enrichment. The first instance court dismissed the instant lawsuit on the ground that there is no interest in seeking the confirmation of non-existence or non-existence of enforcement with respect to KRW 54,250,490 upon the completion of compulsory execution based on the instant notarial deed. Of the obligations based on the instant notarial deed, the part of the claim objection and the part of confirmation of existence of non-existence of obligation, other than the above illegal part, were partly cited and dismissed, and the claim for restitution of unjust enrichment was dismissed.

Since the defendant appealed only against this, the scope of the judgment of this court is limited to the lawsuit of objection and the lawsuit of confirmation of the existence of the obligation except for the amount of KRW 54,250,490 out of the debt based on the Notarial Deed of this case.

2. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for partial dismissal or addition as follows. Thus, it is acceptable to accept this as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. From 3 pages 10 to 19 of the judgment of the court of first instance, the part to be dismissed or added is as follows.

“B. The Defendant lent KRW 300 million to E on September 22, 2017, and KRW 100 million on October 10, 2017 (hereinafter “instant loan”) to E as the instant business fund.

(2) On September 22, 2017, the Defendant: (a) between E and E, as a notary public, signed by a law firm C; and (b) as to the instant loan, the No. 732, the No. 2017 No. 732, Sept. 2, 20

A) The title was drawn up: A creditor of notarial deeds of a monetary loan for consumption: The defendant and debtor: A creditor of Article 1 (Purpose) of E shall lend KRW 200 million to the debtor on September 22, 2017, and KRW 100 million on October 10, 2017, and the debtor borrowed it. Article 2 (Period and Method of Payment) shall be the creditor.

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