(영문) 서울중앙지방법원 2016.09.01 2016가단5062777

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.09.01 2016가단5062777

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was living together with the Defendant from September 2009 to September 2015.

B. On November 18, 2015, the Plaintiff and the Defendant agreed to liquidate a joint living relationship, and at the c law office located in Busan Metropolitan Government, a notary public of the same month: (a) entrusted a notary public of the C law office with the preparation of three copies of “notarial deeds of debt repayment contract” with the content that “if the Plaintiff fails to perform the above obligation, the notary public shall be deemed to have no objection even if he/she is immediately subject to compulsory execution,” the said three copies of notarial deeds of debt repayment contract were prepared as follows: (b) the rate of interest rate of 10,000,000 won from the Defendant on November 13, 2015; (c) the interest rate of 10% per annum; (d) the date of the payment of interest; and (d) April 20, 2028.”

(hereinafter referred to as "notarial deeds of this case" in total of the notarial deeds of each of the above debt repayment contracts. 【Ground of recognition' has no dispute, Gap evidence No. 2-1 to 3, and the purport of whole pleadings.

2. The assertion and judgment

A. The plaintiff asserts that the non-existence of the loan debt on the notarial deed of this case does not exist since he borrowed money on the notarial deed of this case from the defendant. Thus, the plaintiff asserts that there is no debt on the notarial deed of this case.

The plaintiff did not actually borrow 150,000,000 won as stated in the Notarial Deed of this case from the defendant. However, in full view of the respective descriptions and arguments in Nos. 2, 4, and Nos. 1 through 8 (including additional numbers) as well as the whole purport of the arguments, the plaintiff shall be paid 150,000,000 won as liquidation money of living living together with the defendant around Nov. 14, 2015, and the liquidation money shall be paid to the defendant as borrowed money (hereinafter "the agreement of this case"), and a notary public of the Clegal office shall be the plaintiff on Nov. 18, 201.

유사 판례

-서울중앙지방법원 2019.10.10 2019가단7196

-대구지방법원 2020.06.10 2019나306138

-창원지방법원 2014.10.02 2013가단16124

-전주지방법원 2015.07.17 2014가단30713

-부산지방법원동부지원 2015.09.11 2015가단5516