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(영문) 의정부지방법원고양지원 2016.09.29 2015가단27500
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff is a person operating the basic fact with the trade name of "B", and the defendant is a company engaging in the business of supplying alcoholic beverages.

On June 25, 2014, 30 million won was transferred from the account (Korean bank C) in the name of the defendant to the account (Korean bank D) in the name of the plaintiff.

On January 13, 2015, the defendant asserted that he had a loan claim of KRW 30 million against the plaintiff and applied for a payment order (Jinyang-si District Court 2015j69) on January 13, 2015.

On February 12, 2015, the Plaintiff was the obligor, and the Defendant was the obligee, and the notarial deed of a monetary loan agreement (No. 168 of the document No. 2015, Feb. 12, 2015; hereinafter referred to as “notarial deed of this case”) was drawn up, with the content that “the Plaintiff borrowed KRW 30 million from the Defendant as of June 25, 2014, and repaid in installments in 200,000 per month from March 15, 2015 to May 15, 2016.”

On February 17, 2015, the Defendant withdrawn an application for payment order against the Plaintiff, and supplied alcoholic beverages to the main points operated by the Plaintiff from around that time to May 2015.

Upon delegation from the Plaintiff’s wife E, the Defendant drafted, May 22, 2015, a notarial deed of a monetary loan agreement (No. 593, May 22, 2015, No. 2015, No. 2015, No. 593, May 22, 2015) with respect to KRW 30 million as of June 25, 2014.

On July 28, 2015, the Defendant applied for the seizure and collection order of the Plaintiff’s claim based on the original copy of the instant notarial deed, and issued a seizure and collection order (this Court 2015 Other Bonds 9037).

[Ground of recognition] Unsatisfy, Gap 2-4 evidence, Eul 1-5 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff borrowed KRW 50 million from the “G” operated by F, etc. to be supplied with alcoholic beverages. Among them, KRW 30 million was transferred to the Plaintiff from the account in the name of the Defendant, and not directly traded between the Plaintiff and the Defendant, but the Defendant did not have any transaction relation as above.

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