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(영문) 광주지방법원 2014.11.21 2014가단14127
채무부존재확인
Text

1. [Attachment 1] to the Plaintiff’s Defendant: 11,942,293 won; and 11,692.

Reasons

1. Basic facts

A. While maintaining a monetary lending and lending relationship with C from November 2005, on July 21, 2007, the Plaintiff settled the outstanding loan amount of KRW 20 million against C and the Plaintiff as well as KRW 20 million, with the power of delegation, certificate of personal seal impression, etc. in the name of the Plaintiff, and granted C the right to prepare a authentic deed with the content of “creditor C, the debtor, the principal, KRW 20 million, the date of borrowing, July 21, 2007, the due date of payment, December 31, 2007, the interest rate of KRW 30 per annum, D and E, the joint guarantor, and E.

B. However, C did not prepare a notarial deed as above, on August 21, 2007, a notary public, on behalf of the Plaintiff, prepared on behalf of the Plaintiff a notarial deed for a monetary loan for consumption with the content of compulsory execution as set forth in No. 2510 of the 2007 Document No. 2510 of the 2

(hereinafter referred to as this case’s later meritorious deed).

Since then, C applied for compulsory execution of corporeal movables by the Jeonju District Court 2012No.556 against the Plaintiff on the basis of the instant post-notarial deed in 2012, but upon receiving a claim from the Plaintiff, on April 5, 2012, upon finding the Plaintiff to the said notarial institution, C stated the fact of full performance on the certified copy of the instant post-notarial deed and resolved the contract.

On the other hand, on July 23, 2007, the Plaintiff, upon C and the Defendant’s request, visited the Jeonju Joint Law Office, and drafted a notarial deed of monetary loan for transfer of collateral, stating that “the Plaintiff borrowed 35 million won from the Defendant on July 23, 2007, with interest rate of 30% per annum and due date of payment as of July 23, 2008, and transfer the Plaintiff’s claim for the return of the lease deposit to the Nonparty to secure its performance” as stipulated in Article 2226 of the certificate of 207.

(hereinafter referred to as the "Prior Notarial Deed of this case"). . [Grounds for recognition] without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, witness C's testimony, the purport of the whole pleadings.

2. The Plaintiff asserts that the Plaintiff is the following, and seeks confirmation of the absence of an obligation based on the prior art of this case against the Defendant.

- The plaintiff is from C.

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