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(영문) 수원지방법원 2016.10.27 2016가단4415
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On July 24, 2013, the Plaintiff: (a) the Defendant at par value of KRW 173 million; (b) the date of issuance on July 24, 2013; and (c) the same year as the date of payment.

8.30. The issuance and delivery of a promissory note, which is 30.30. The issuance and delivery of a notarial deed stating the intent of accepting compulsory execution in the event of a delay in the payment of a

On January 19, 2016, the Defendant applied for the seizure and collection order, which is the debtor, the third debtor NongHyup Bank Co., Ltd., as the title of execution.

The above court of the same year

1. 21. The decision of its acceptance was made.

[Ground of recognition] The facts that there is no dispute, Gap's evidence 1 and 2, but the plaintiff's loan obligations and the remaining debt obligations against the defendant are not disputed between the parties, or the following facts may be acknowledged by taking into account the descriptions of Gap's evidence 3 through 7 (including the number of branch offices), Eul's evidence 2 through 7, and the whole purport of arguments.

On September 15, 2009, 40 million won 40 million won on September 16, 2009, 40% on September 16, 2009, 140% on November 15, 2010, 140% on January 15, 2010, 136% on July 24, 2013, total of 450 million won on September 13, 2013, the Defendant lent to the Plaintiff the sum of KRW 450 million on six occasions as follows.

② By October 16, 2014, the Plaintiff repaid the Defendant a total of KRW 497 million.

③ As of September 8, 2016, the interest or delay damages on the day of September 8, 2016 includes interest or delay damages on the day of September 8, 2016. In addition, each of the foregoing loans remains at the rate of the principal amount of 352,013,918 won and 30% per annum as stated in the attached Table of Appropriation of Obligation.

The plaintiff asserts that the amount of KRW 50 million out of the loan 100 million on November 27, 2009 is not a loan paid to the plaintiff, since it was issued to B by a cashier's check.

Note 4 to this Court (State), as against the Bank of Korea Standards.

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