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(영문) 인천지방법원 2019.06.14 2018가단34093
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) 785,855 won;

(b) 112,265 won upon arrival of May 27, 2019;

Reasons

1. On September 27, 2018, the Plaintiff issued to the Defendant a loan certificate stating the following (hereinafter “the instant loan certificate”).

In other words, the debtor is the plaintiff, the loan amount of KRW 26,943,835, interest amount of KRW 26,943,835, "the legal interest of each month", and "one year

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. The plaintiff's judgment on the cause of the counterclaim is in fact identical to the defendant's defense on the cause of the counterclaim, and thus, it is judged from the cause of the counterclaim.

1) The Defendant lent KRW 26,943,835 to the Plaintiff as indicated in the instant loan certificate. (2) On April 16, 2007, the Plaintiff entered into an investment agreement with the Defendant to jointly invest in the real estate development business entity in Cambodia.

The money stated in the loan certificate of this case is merely an investment in Cambodia's real estate, not a loan.

B. As long as a disposition document is recognized as the authenticity of its formation, the court shall recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable evidence to deny the contents of the statement.

In a case where there is a difference between the parties regarding the interpretation of a contract and the interpretation of the intention of the party expressed in the disposition document is at issue, the contents of the text, the motive and background leading up to the agreement, the purpose to be achieved by the agreement, the genuine intent of the parties, etc. shall be comprehensively

(See Supreme Court Decision 2002Da6753 delivered on June 11, 2002, etc.). C.

In the instant case, according to the record of the instant loan certificate, which is a disposal document between the Plaintiff and the Defendant, KRW 26,943,835 that the Defendant loaned to the Plaintiff on September 27, 2019, the interest rate of KRW 5% per annum was converted into a monthly rate, and the interest payment date was the 27th day of the following month.

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