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Reasons
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(영문) 대전지방법원 2020.06.25 2018나118556
채무부존재확인
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1. The judgment of the court of first instance is modified as follows.

A notary public against the plaintiff against the defendant on December 14, 2017.

Reasons

1. Facts of recognition;

A. On August 28, 2017, the Plaintiff borrowed KRW 40 million from the Defendant, KRW 70 million on August 30, 2017, and KRW 120 million on August 31, 2017, plus KRW 10 million on August 31, 2017 (hereinafter referred to as “the instant loan”). The Plaintiff borrowed the loan by way of repayment on September 30, 2017.

(hereinafter referred to as "the loan agreement of this case"). (b)

On the other hand, the Plaintiff borrowed a total of KRW 97.6 million from the Defendant on several occasions as follows.

The money units listed in each table below the temporary loan amount are "won".

On July 26, 2017, 20,000,000 on a temporary loan, the amount of which is 6,600,600,000 August 3, 2017, 200 on August 3, 2017, 6,600,000 on September 1, 2017, 200,000 on August 10, 2018, 10,000,000 on August 10, 2018;

C. From July 26, 2017 to December 3, 2017, prior to the date of the instant authentic deed, the Plaintiff wired money of the same details as indicated in the following table (hereinafter “attached 1”) to the Defendant’s name account and the D’s name designated by the Defendant from July 26, 2017.

On July 26, 2017, 10,500,000 for the amount of the lump-sum installment payment classified as the temporary payment on September 26, 2017, 3,000,00 on September 2, 2017, 2017, 50,000 on July 28, 2017, 200,200 on September 21, 2017, 200,003, 6,800,000 on August 4, 2017, 2015, 15,000,000 on September 4, 2017, 200, 1,400,000 on August 4, 2016, 50, 2017, the Plaintiff did not claim that the money was remitted to the account under the above name of D on September 10, 2015.

(A) Evidence Nos. 2 and 4-4. 5 August 11, 2017: 5,60,000 on September 11, 2017; 200,000 on August 11, 2017; 50,00 on September 15, 2017; 7,00 on August 24, 2017; 0. 1,000 on August 24, 2017; 0. 3,00 on August 3, 200, 200 on August 3, 201, 200; 1,000,00 on August 3, 2017; 1, 200,00 on August 41, 200, 200 on August 28, 200, 200;

D. On December 14, 2017, the Plaintiff and the Defendant included the following contents in a notary public with respect to the debt of the instant loan in the law firm as the obligor and the Defendant as the obligee to the law firm:

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