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(영문) 서울남부지방법원 2018.07.12 2017가합111452
채무부존재확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 31, 2013, the deceased A (hereinafter “the deceased”) drafted a statement of performance that the deceased borrowed KRW 50 million from the Defendant at interest rate of 6% per annum on January 1, 2013, and that the deceased promised to repay it by December 31, 2013 (hereinafter “instant statement of performance”).

B. On January 31, 2013, the Deceased: (a) borrowed KRW 100 million from F and the Defendant at interest rate of 6% per annum (24% per annum from the date of repayment) from F and the Defendant on January 31, 2013; and (b) drafted a statement of performance with the purport that he/she promises to repay it by January 31, 2014 (hereinafter “instant second performance note”).

C. On January 31, 2013, the Deceased borrowed KRW 230 million from the Defendant over several occasions from January 31, 2013 to January 31, 2013, and the Deceased promised to pay the same up to January 31, 2014 (hereinafter “the third performance note of this case”). The Deceased drafted each performance note of this case including the first and second performance note of this case.

Around August 2017, the Defendant filed an application for a payment order against the Deceased, alleging that the Defendant lent KRW 30 million to the Deceased on January 31, 2013 due date to the Deceased on January 31, 2014, and that KRW 100 million had agreed that the Deceased shall pay interest at 6% per annum until January 31, 2014, and thereafter 24% per annum (Seoul Southern District Court Decision 2017 tea151666), Seoul Southern Southern District Court issued the order on August 24, 2017, with KRW 30,000 and KRW 230,000,000,000 from February 1, 2014 to the date of repayment, KRW 15,000,000 until the date of payment, KRW 130,000,000,000 from the date of payment order to the date of payment, KRW 14,0135% per annum.

Plaintiff

B.

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