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(영문) 인천지방법원부천지원 2015.05.15 2014가합1590
채무부존재확인
Text

1. There is no obligation under the Plaintiff’s monetary loan agreement and guarantee agreement as of February 5, 2014 to the Defendant.

Reasons

1. On February 5, 2014, the Plaintiff’s basic facts: (a) each notarial deed of monetary loan agreement (Law Firm Jeong-dong, Law Firm 2014 No. 128) stating that the Defendant lent KRW 65 million to the Plaintiff on February 5, 2014 (hereinafter “instant monetary loan agreement”); (b) the Defendant lent KRW 8 million to F on February 5, 2014; and (c) each notarial deed of monetary loan agreement (Law Firm Jeong-dong, Law Firm 2014, No. 130), stating that the Plaintiff’s joint and several sureties (hereinafter “instant joint and several sureties agreement”); and (c) each notarial deed stating that each of the claims listed in the Plaintiff’s separate sheet (hereinafter “transfer of claims of this case”) is assigned to the Defendant (hereinafter “transfer of claims of this case”). There is no dispute between the parties.

2. The plaintiff asserted that all notarial deeds concerning the monetary loan contract of this case, joint and several guarantee contract of this case and the assignment of claims were prepared by the defendant's duress, and each of the above contracts was lawfully revoked by the delivery of a copy of complaint of this case, and sought the non-existence of each obligation as shown in the text.

In regard to this, the Defendant guaranteed the Plaintiff’s oral debt, and even if not, the Plaintiff acquired the H’s business from G, thereby taking over the obligation of G pursuant to Article 42 of the Commercial Act. In addition, the Plaintiff asserted that each of the above authentic deeds was not prepared to confirm it, and that it was not made by the Defendant’s coercion.

3. Determination as to whether each of the above notarial deeds was prepared by duress

A. In order to be a declaration of intent by coercion of relevant legal principles, it should be such that the other party has made a fear and expressed his/her intent by unlawfully notifying any harm and injury. Here, the notice of harm and injury should be given.

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