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(영문) 인천지방법원 2019.08.22 2015가단66693
채무부존재확인 등
Text

1.(a)

Plaintiff

No. 1552 of 2013, No. 1552 of the deed of preparation of the E-office by the plaintiff A and the defendant.

Reasons

1. Basic facts

A. The Defendant is the actual owner of an entertainment establishment, “G” located in F at Jeju, and the Plaintiffs are the employees of the said entertainment establishment.

B. Plaintiff A borrowed KRW 8 million from the Defendant, ① August 18, 2013, and ② borrowed KRW 19 million on October 17, 2013, and ③ borrowed KRW 30 million on May 20, 2014.

(Transfer) On the other hand, on October 18, 2013, the Plaintiff and the Defendant drafted a notarial deed in a monetary loan agreement (No. 1552) for a notary public E-office, the content of which is written on October 18, 2014, including the creditor, the Plaintiff A, the debtor, the loan Plaintiff A, the loan Plaintiff 30 million won, no interest agreement, the interest agreement, the interest rate of 30% per annum, the due date for payment, and the due date for payment, October 18, 2014.

C. The Plaintiff B borrowed money from the Defendant as KRW 10 million on August 30, 2014 (the KRW 5 million was transferred in the name of I), ② on September 20, 2014 (the KRW 5 million was transferred in the name of the Defendant’s wife H); ③ on September 15, 2014 (the KRW 10 million was transferred in the Defendant’s wife H); and ④ on September 15, 2014, the KRW 10 million was transferred in the Defendant’s wife’s name; and ④ on the pretext of “Disbursement” where the date is not specified.

Plaintiff

B and the Defendant, on March 17, 2015, drafted a notarial deed in a notary E-office No. 434 written by a notary public E-office on April 17, 2015, with respect to the loans worth KRW 40 million as loans to the creditor, debtor, Plaintiff B, loan KRW 40 million, interest rate of KRW 25 million per annum, and due date for payment.

Plaintiff

C The Plaintiff borrowed money from the Defendant, respectively, ① KRW 15 million on April 21, 2014 (the Defendant’s wife H), ② KRW 3 million on May 19, 2014, ③ KRW 5 million on May 30, 2014.

Plaintiff

C and the Defendant, on April 21, 2014, with respect to the above loan claims: (i) the creditor, the debtor, the Plaintiff C, the loan 15 million won, no interest agreement exists, and (ii) interest rate of 30% per annum, and (iii) the due date for repayment on May 21, 2014, a monetary loan agreement No. 573 of the notary E office document No. 2014, May 2014.

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