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(영문) 대구지방법원 서부지원 2018.10.23 2017가단50178
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the entries in the evidence Nos. 1 and 2 and the purport of the entire pleadings:

The plaintiff has made a monetary transaction by borrowing money from the defendant several times with the introduction of C and repaying part of the money to the defendant.

B. On November 22, 2012, the Plaintiff borrowed KRW 50,000,00 to the Defendant, and repaid it until October 30, 2013, the Plaintiff prepared a loan certificate to have the interest paid at 3% per month, and C signed and sealed it as a joint and several surety.

C. On February 21, 2014, the Plaintiff borrowed 50,000,000 won to the Defendant, repaid the loan until August 30, 2014, and prepared a loan certificate to the effect that the interest shall be 3% per month of the principal, and C signed and sealed as joint and several sureties.

2. The plaintiff's assertion was made with C from around 2009, and the defendant was the transferee of the claim against C.

The Plaintiff received KRW 170 million from around 2009 to around 2013 from C, and repaid KRW 240 million to C, and repaid all the principal and interest of the loan.

3. According to the above facts of recognition, it cannot be said that the Plaintiff made monetary transactions with C, or the Defendant acquired the claim against the Plaintiff by transfer.

The plaintiff's assertion based on this premise is without merit.

As seen above, the Plaintiff borrowed money from the Defendant, and further, in light of the fact that the Plaintiff prepared a loan certificate as above, it is insufficient to recognize that the Plaintiff paid the Defendant the entire obligation for the borrowed money only with the entries in Gap evidence Nos. 1, 2, and 3, and there is no other evidence to acknowledge otherwise.

However, since February 21, 2014, the date on which the Plaintiff completed the above loan certificate, the Defendant: (a) KRW 100,000 on February 28, 2014; (b) KRW 4,100,000 on April 4, 2014; (c) KRW 352,00 on May 16, 2014; (d) KRW 70,000 on June 2, 2014; and (e) KRW 70,00 on July 15, 2014; and (e) KRW 70,000 on June 1, 2015; and (e) KRW 40,00 on January 26, 2016; and (e) KRW 40,00 on January 30, 200, 200 on October 10, 2016;

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