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Reasons
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(영문) 대구지방법원서부지원 2016.05.12 2015가단33155
채무부존재확인
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 25, 2013, the Plaintiff entered into a contract (hereinafter “instant contract”) that delegates the sales advertisement of the officetel in Daegu to Nonparty A&S SPS Co., Ltd. (hereinafter “SPS”) for KRW 650,683,00 (including value-added tax) (hereinafter “instant contract”).

B. On May 13, 2013, Nonparty Company filed a claim with the Plaintiff for the payment of KRW 650,683,000, along with the detailed statement of execution. On July 3, 2013, the Plaintiff paid KRW 70,000 to Nonparty Company.

C. On August 21, 2013, the Plaintiff and Nonparty Company prepared a notarial deed of debt repayment contract for the remainder of 580,683,000 won (650,683,000 won - 70,000 won - 70,000 won) except for the remainder of 70,000,000,000 won paid by the Plaintiff on August 21, 2013. The details thereof are as follows: (a) the Plaintiff divided the above debt into installments, and (b) the Plaintiff lost 120,000,000 won on August 121, 2013; (c) 80,000,000 won on September 16, 2013; (d) the Plaintiff lost 16,000,000 won on October 31, 2013; and (e) the Plaintiff lost 30,000 won on a yearly basis; (d) 16.

The Plaintiff repaid the advertising price of KRW 120,00,000 on August 23, 2013; KRW 50,000,000 on September 17, 2013; KRW 30,000 on December 30, 2013; KRW 30,000,000 on February 17, 2014; KRW 16,000 on March 10, 2014; KRW 15,00,000 on April 15, 200; KRW 150,000 on May 26, 2014; and KRW 80,000 on July 24, 2014; and KRW 30,000 on September 30, 200, 2005, respectively; and

E. On January 21, 2015, the non-party company transferred to the defendant a claim for late payment damages calculated at the rate of 20% per annum from September 6, 2014 to the date of full payment of the remainder of the claim 128,06,021 won against the plaintiff on the above notarial deed and damages for delay calculated from September 6, 2014 to the date of full payment, and notified the plaintiff of the assignment of the above claim and delivered

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1 of this case.

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