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(영문) 전주지방법원 2018.05.30 2017가단16664
채무부존재확인
Text

1. Certificates No. 325, 2012, signed by the Defendant’s notary public against the Plaintiffs on January 25, 2012.

Reasons

1. Facts of recognition;

A. On January 25, 2012, between the Defendant and the Defendant, the Plaintiffs loaned KRW 30 million to the Plaintiff on January 25, 2012, and the Plaintiff borrowed it. By June 27, 2012, the interest rate shall be 30% per annum and shall be paid on the 24th day of each month. Plaintiff B guaranteed the Plaintiff’s obligation, and agreed with the Plaintiff jointly and severally with the Plaintiff to jointly perform the obligation. The maximum amount of the guaranteed obligation is KRW 30 million. The Plaintiffs drafted the notarial deed of this case with the purport that “The Defendant was aware that there was no objection even if compulsory execution was conducted without delay.”

B. The actual principal debtor of the debt under the instant notarial deed is Plaintiff B, and Plaintiff B directly borrowed 10 million won out of the debt 30 million won under the instant notarial deed from the Defendant, and the remainder 20 million won is the relation in which Plaintiff B was a member of the notarial deed No. 30 million won organized by Plaintiff B on April 27, 2011 (hereinafter “instant number No. 30 million won”), and Party B borrowed from the Defendant via E, to be liable for the said amount to the Defendant.

C. On June 27, 2012, E paid KRW 5 million to Plaintiff B as part of the instant number accounts, and KRW 5 million, in cash around that time, and deposited into Defendant’s account on June 28, 2012, respectively, and KRW 18450,000,000,000,000,000 to the Defendant was settled by the Plaintiff B, which is appropriated to the amount of the instant number accounts.

Plaintiff

B paid 700,000 won to the Defendant on April 23, 2012, 200,000 won on April 26, 2012, and 90,000 won on May 24, 2012.

E. The Defendant urged the Plaintiff to repay the debt to the Plaintiff, and the Plaintiff A prepared and delivered the loan certificate containing interest on the part of KRW 10 million to the Defendant.

F. Meanwhile, E repaid to the Defendant the amount of KRW 10 million out of the total amount of KRW 20 million, which he/she assumed to be responsible, among the obligations of KRW 30 million under the Notarial Deed of this case.

[Ground of recognition] Unsatisfy, Gap 1 to 6 evidence, Eul 1 to 1.

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