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(영문) 수원지방법원 2017.10.17 2016가단550451
채무부존재확인
Text

1. Certificates No. 175, 2015, drawn up by the Defendant’s notary public against the Plaintiff on March 17, 2015.

Reasons

1. Facts of recognition;

A. The Defendant lent KRW 30 million to the Plaintiff’s wife C on July 21, 2012, ② KRW 27,000,000 on January 27, 2014, ③ KRW 20 million on March 13, 2015.

B. On July 18, 2012, C issued a promissory note with the maturity date of February 22, 2013 and the face value of KRW 30 million to the Defendant, and a promissory note was prepared and issued with the maturity date of June 16, 2014, with no interest as of March 25, 2015, C prepared and issued a notarized deed under a monetary loan agreement with a maturity of KRW 50 million (i.e., a notarial deed totaling loan obligations under the above paragraph (a); (ii) on May 14, 2015, on the basis that the maturity date of payment is determined as of March 25, 2015, C issued a promissory note with a maturity of KRW 20 million, and issued a promissory note with the maturity date of May 14, 2016 and a promissory note as of KRW 20 million.

C. The plaintiff is a joint and several surety in the notarial deeds held by the Supreme Court or the Republic of Korea.

On March 17, 2015, a creditor is the defendant, debtor C, and joint and several sureties as the plaintiff, and a notarial deed recorded in the order (hereinafter referred to as "notarial deed of this case") has been prepared. The main contents are as follows.

On March 17, 2015, the creditor of Article 1 (Purpose) lent a loan to the debtor to the effect that it is a gold billion won, and the debtor borrowed it.

Article 2 (Period and Method of Repayment) Full Repayment shall be made by March 17, 2016.

Article 3 (Interest) The interest rate shall be the annual interest rate.

Article 5 (Compensation for Delay) If the debtor delays the repayment of the principal or interest, the late payment damages shall be paid at the rate of the annual fluence on the delayed principal or interest.

Article 8 (Joint Guarantee)

2. The maximum amount of the surety obligations of the surety shall be 00 million won.

E. The Defendant lent C KRW 30 million on March 26, 2015, KRW 50 million on May 12, 2015, and KRW 60 million on August 31, 2015.

F. On August 31, 2016, C prepared and rendered to the Defendant a certificate of borrowing the following content (hereinafter “certificate of borrowing”).

In March 2017 and May 201, the principal amount of KRW 60 million will be repaid in the amount of KRW 30 million.

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