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(영문) 대전지방법원 2019.12.11 2019가단110213
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. The notarial deed of the following content (hereinafter “notarial deed of this case”) was prepared by entrusting the preparation of the authentic deed of a loan for consumption (a quasi-loan for consumption) contract:

On April 4, 2018, Article 1 (the plaintiff, hereinafter the same shall apply) recognized that the collection of the amount for the invested bond is KRW 65 million as of April 4, 2018, and promised to pay it in accordance with the following provisions, and the creditor (the defendant, hereinafter the same shall apply) consented to it.

Article 2 The repayment period of the borrowed money was determined in attached Form.

Article III: From August 1, 2018 to March 31, 2019, the interest rate of 4% was agreed to be paid in lump sum on March 31, 2019.

When the debtor delays the repayment of the principal and interest, the debtor paid damages for delay at the rate of 15% per annum to the creditor.

Article 8. When the debtor and the joint guarantor fail to perform the obligation under this contract, they recognize that there is no objection immediately even if compulsory execution is enforced.

* By July 31, 2018, KRW 25 million up to March 31, 2019: KRW 40 million (based on recognition: the fact that there is no dispute, each entry in Gap evidence Nos. 1 through 8, and the purport of the whole pleadings)

2. Plaintiff’s assertion and judgment

A. First, the Plaintiff asserts that, in order to establish a quasi-loan contract under the notarial deed of this case, there should exist existing obligations between the Plaintiff and the Defendant. However, the Defendant’s money that the Plaintiff gave to the Plaintiff is not a loan for investment, but did not have an agreement on guaranteeing the principal of investment between the Plaintiff and the Defendant at the time of investment. As such, the above quasi-loan contract was not concluded because there was no obligation which serves as the basis of the notarial deed of this case,

In order to establish a loan contract for consumption, the basic obligation must exist and be valid, and the basic obligation shall be the cause of the loan for consumption, the purchase price, the substitute payment, the amount of reimbursement, the contractual obligation, and the compensation liability.

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