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(영문) 서울중앙지방법원 2019.10.24 2018가합7257
채무부존재확인의 소
Text

1. The Plaintiff’s notary public against the Defendant is on the notarial deed of a monetary loan agreement No. 60 of 2018, as the C Deed.

Reasons

Basic Facts

On May 14, 2018, the Defendant operating an insurance agency business lent KRW 200,00,000 to E, which was the head of DB marketing branch, and E, on the same day, promised to register the appointment of the head of the branch office to the Defendant and register at least 100 insurance solicitors by August 30, 2018. If the Defendant fails to comply therewith, he/she shall immediately repay the borrowed amount of KRW 200,000,000 as of May 14, 2018, and additionally compensate for the penalty of this case (hereinafter “instant agreement”).

On May 14, 2018, the Defendant borrowed KRW 250 million from the Defendant on May 14, 2018, and between the Plaintiff and F, the Defendant borrowed KRW 250 million from the Defendant on May 14, 2018, and decided to repay the debt until August 30, 2018, and the Plaintiff and F are jointly and severally liable for the debt of E. In the event that E fails to perform the said debt, the Defendant is not obliged to recognize that there is no objection even if compulsory execution.”

() A notary public drafted C Deed No. 60, 2018. [Grounds for Recognition] In the absence of any dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 2, and in the lawsuit seeking confirmation of non-existence of monetary obligations related to the overall purport of pleadings, if the plaintiff, who is the debtor, claims first and made a specific claim and then rejected the facts causing the occurrence of the obligation, the defendant, the creditor, is liable to assert and prove the facts constituting the elements for legal relationship (see, e.g., Supreme Court Decisions 97Da45259, Mar. 13, 1998; 2010Da21184, Sept. 30, 2010). Specific determination by the defendant of this case, the fact that the plaintiff agreed to pay the above KRW 200 million to E on May 14, 2018; and where E fails to recruit more than 100 insurance solicitors, 50 million won in total, five million won or more E.

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