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(영문) 서울중앙지방법원 2018.08.17 2016가합553350
채무부존재확인
Text

1. A notary public on June 25, 2009 against the Defendant’s Plaintiff, No. 77 of the No. 2009.

Reasons

Basic Facts

The Plaintiff, at the interest rate of 10% per month, shall borrow 1.5 billion won from the Defendant who is the credit service provider, and 1.5 billion won from the Intervenor, respectively. Around May 14, 2009, around 750 million won, around May 19, 2009, KRW 750 million, and KRW 1.5 billion in total, around May 13, 2009; KRW 50 million from the Intervenor around May 13, 2009; KRW 250 million on May 14, 2009; KRW 750 million on May 19, 2009; and KRW 1.5 billion on May 19, 2009; and KRW 1.5 billion on May 19, 2009, respectively.

(2) In order to secure the loan obligation of this case, “the debt of this case” and “the Defendant’s credit of this case’s loan” or “the Intervenor’s credit of this case’s loan of this case’s loan”). E prepares a bill of lading (hereinafter “the bill of this case’s bill”) with the Defendant as the addressee at the face value of 4.5 billion won, the issue date, the place of issue, the place of payment, the place of payment, and the place of payment as the Seoul Special Metropolitan City (hereinafter “the bill of this case”). The issuer’s column for the bill of this case includes the names and addresses of the Plaintiff (the previous company name: F), G, and H other than the above E, and affix their respective seals on the following.

On June 25, 2009, the Plaintiff, E, G, and H prepared and executed a notarial deed on the recognition of compulsory execution against the instant bill to the Defendant (No. 77 of 2009, hereinafter “instant notarial deed”). In the indication of the persons related to the instant notarial deed, E is written by the issuer, G, Plaintiff, and H as joint and several sureties.

Plaintiff

The plaintiff and E shall pay money to the defendant in attached Form to the defendant.

1. The “Date of Payment” list for the Defendant was paid in total of KRW 1,834,028,818 as indicated in the “Amount of Payment” on each day indicated in the same Table.

Plaintiff

The plaintiff and E shall pay money to the intervenor in attached Form to the intervenor.

2. The statement of details of payment to the intervenor;

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