(영문) 인천지방법원 2018.04.25 2017가단211688

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(영문) 인천지방법원 2018.04.25 2017가단211688

채무부존재확인

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. B, leased No. 401, Namdong-gu, Incheon, and “Epcception” (hereinafter “the instant Cception”). However, on December 3, 2016, B entered into a business takeover agreement (hereinafter “the instant agreement”) with the purport to receive KRW 72,00,000 under the name of facility premium, etc. while transferring the instant Cception to the Plaintiff on December 3, 2016.

B. At the time of the conclusion of the instant contract, the Defendant, who was under the restraint of B and was in the control of B at the time, entered into the instant contract with the delegation of B while managing and operating the instant skin bank, and the Plaintiff transferred KRW 40,000,000 out of the premium to the account in the name of the Defendant around December 3, 2016.

C. On December 5, 2016, with respect to the remaining premium of KRW 32,00,000 under the instant contract, the Plaintiff issued to the Defendant a promissory note with face value of KRW 32,00,000,000 and due date of February 28, 2017 (hereinafter “instant promissory note”). If the payment of the Promissory Notes is delayed, a notary public, who, as a law firm name, prepares a notarized deed of promissory notes (hereinafter “instant authentic deed”) with the purport of recognizing that there is no objection even if he/she is immediately subject to compulsory execution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. The Defendants asserted that the contract of this case was cancelled, since they deceptioned the Plaintiff with respect to the fact of delinquency in sales, rent, management fee, etc. of the Defendant, or concluded the contract of this case because they failed to mistake as to the important part of the juristic act, such as the failure of basic expenses for the operation of business facilities, such as business profit, rent, management fee, etc., and thus, the Plaintiff did not have any obligation against the Defendant B.

In addition, with respect to the defendant C, the plaintiff and the defendant C.

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