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광주지방법원 2015.02.13 2014가합3254
채무부존재확인
Text

1. The defendant shall pay to the plaintiff the amount of KRW 80,790,351 and KRW 26,248,687 from June 28, 2014 to the day of full payment.

Reasons

1. The following facts may be found in each entry in Gap evidence 1, 2, 4, 6, and 8 (including each number; hereinafter the same shall apply) that does not conflict between the parties, or that the whole purport of the pleadings is recognized. A.

B around April 18, 2006, the loan was received by entering into a loan transaction agreement with the Plaintiff (hereinafter “Plaintiff”) on a loan limit of KRW 23,000,000,000 per annum, interest rate of KRW 13.9% per annum, delay damages, 25% per annum, and 36 months during the loan period, and used the credit card separately from the Plaintiff.

B. On October 18, 2006, the Plaintiff received a payment order (B), stating that “B shall pay to the Plaintiff the sum of KRW 33,498,530, including the above loans and the credit card user fee, and any delay compensation therefor,” and the payment order was finalized on November 14, 2006.

C. Meanwhile, as of April 8, 2006, B issued to the Defendant a promissory note with a face value of KRW 500,000,000 (hereinafter “instant promissory note”) with a face value of KRW 500,000, and on April 25, 2006, B drafted a notarial deed containing the purport of recognizing compulsory execution (No. 3108, 2006, a deed prepared by a notary public of Gwangju Joint Law Office).

On June 8, 2006, the Defendant received an attachment and assignment order (Gwanju District Court Branch Branch Branching 2006 Doz. 3444) with the claim amounting to KRW 500,000,000 in respect of the claim amount against Hyundai Automobile Co., Ltd. with the title of execution of the said Promissory Notes No. notarial deed as the title, and the Defendant received KRW 276,695,644 in total from Hyundai Automobile Co., Ltd. from September 4, 2006 to March 3, 2014 based on the above assignment order.

E. The debt amount against the Plaintiff in B upon the instant payment order is the sum of KRW 80,790,351 as indicated in the separate sheet as of April 9, 2014 (principal KRW 26,248,687, interest, commission and late payment charge of KRW 54,541,664).

2. The parties' assertion

A. The Plaintiff B bears false obligations in collusion with the Defendant for the purpose of evading the Plaintiff’s obligations, and issued the Promissory Notes.

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