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(영문) 수원지방법원 2016.09.23 2015가단61848 (1)
채무부존재확인 및 청구이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was the head of the business division of C, which is a liquor distribution company, and D is a construction business operator who uses the trade name of “F” in his/her name of type E, and the Defendant is the spouse of D.

B. In order to secure the counterpart to alcoholic beverage transactions, the Plaintiff introduced D as a construction business operator, and received from the Defendant, under the pretext of obtaining a certificate of seal imprint, etc., the Plaintiff was issued from the I to the I, who was preparing for restaurant business in the name of “H” in the business district G 108, G 108, and that the Plaintiff would obtain a certificate of seal imprint, etc. necessary for borrowing and raising the interior cost of KRW 20 million necessary for start-up

C. Around November 2013, I awarded a contract to D for human subjects work, and D began work on November 11, 2013.

I issued a certificate of personal seal impression on December 4, 2013 to the Plaintiff.

E. D completed the performance of artificial insemination work, and sought I on December 9, 2013, and demanded the payment of the construction cost. However, I demanded a partial reconstruction and refused payment, and resisted a partial destruction of internal organs, etc., and I filed a complaint against the said act during the investigation period as a crime of destruction.

F. On December 17, 2013, the Plaintiff and a notary public, with the seal imprint certificate and a certificate of personal seal affixed by I, attend the law firm Efficacy Office, and provided the Defendant I with KRW 20,00,000,000 as business start-up support funds, and I shall return to the Defendant in installments the amount of KRW 1,037,50 per week from January 6, 2014 to May 19, 2014. The Plaintiff’s certificate stating that “I borrowed KRW 20,00,000 from the Defendant, and borrowed KRW 1,00,000,00 from January 6, 2014 to May 19, 2014, the Plaintiff shall make a joint and several surety loan agreement with the Plaintiff as follows: “The Plaintiff shall pay the Plaintiff KRW 0,00,00,000,000 from May 6, 2014 to May 19, 2014”

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