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(영문) 울산지방법원 2020.11.26 2019나14653
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. On August 25, 2017, the Plaintiff asserted that the Plaintiff borrowed money from the Defendant with the amount of KRW 20 million per interest, KRW 2 million per share, and due date set on September 25, 2017. The Plaintiff received money from the Defendant to the Plaintiff’s account after deducting KRW 18 million from the prior interest and KRW 2 million on August 26, 2017.

Then, from September 27, 2017 to July 31, 2018, the Plaintiff repaid to the Defendant a sum of KRW 19.5 million as indicated in the following table by remitting it to the passbook in the name of C. Since the Plaintiff’s debt to the Defendant remains KRW 7.31,233,00,000, the Plaintiff’s confirmation is sought.

B. On August 25, 2017, the Defendant asserted that the Defendant lent KRW 20 million to the Plaintiff in cash, and only prepared a notarial deed under a monetary loan agreement of KRW 22 million (Evidence A; hereinafter “notarial deed of this case”) in total, with interest of KRW 2 million during the period during which the period of repayment has expired, and did not transfer KRW 18 million to the Plaintiff’s account.

In addition, there is no fact that money was received from the plaintiff as interest.

The plaintiff's assertion is all true.

2. In full view of the purport of the pleadings in light of the written evidence Nos. 1 and 4 and the fact-finding results with respect to the D Association of this Court, the fact that, on August 26, 2017, the Plaintiff remitted KRW 18 million to the Plaintiff’s account from the account under the above D Association name to the Plaintiff’s account, and the fact that the Plaintiff remitted KRW 19.5 million to the Plaintiff’s account from September 2017 to August 2018.

However, the above facts alone are not sufficient to deem that the amount of KRW 18 million transferred from the account of the Plaintiff to the account of the Plaintiff on August 26, 2017 is the Plaintiff’s loan to the Defendant stated in the instant notarial deed prepared on August 25, 2017. Moreover, it is difficult to view the Plaintiff’s transfer of KRW 19.5 million to the account of the Plaintiff as the repayment of the Plaintiff’s loan to the Defendant. Moreover, it is difficult to view the Plaintiff’s transfer of KRW 19.5 million to the account.

In addition, the above KRW 19.5 million, which the Plaintiff remitted, was paid to the Defendant only with the descriptions of the evidence Nos. 3, 6, and 7.

or the defendant.

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