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(영문) 인천지방법원 2018.04.04 2016가단35931
채무부존재확인
Text

1. A notary public, Sept. 28, 2010, against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant), drafted a law firm Seo-gu.

Reasons

1. Basic facts

A. The Plaintiffs were married on April 21, 2010 and divorced on June 15, 2017.

B. The Plaintiffs borrowed KRW 15,000,000 from the Defendant.

On September 28, 2010, with the commission of the plaintiffs and the defendant, a notary public signed a notarial deed of monetary loan agreement (hereinafter referred to as the "notarial deed of this case") with the content that "the plaintiff B borrowed KRW 20,400,000 from the defendant on September 28, 2010 to September 27, 2011, the due date was set and borrowed until September 201, and the plaintiff A guaranteed the above obligation."

(C) The Defendant’s loan related to the No. 1 notarial deed of this case (hereinafter “No. 1”).

Plaintiff

A on August 12, 2011, additionally borrowed KRW 5,000,000 from the Defendant.

(hereinafter “instant second loan”). D.

The Plaintiffs repaid to the Defendant KRW 21,250,000 (i.e., KRW 5,300,000) on five occasions during the period from February 6, 2012 to October 7, 2014, as indicated in the separate appropriation statement, including KRW 10,950,000, ③ from May 6, 2015 to October 15, 2015, including KRW 5,00,000 (=5,300,000,000) on five occasions, as indicated in the separate appropriation statement.

E. On April 2015, Plaintiff A agreed to pay KRW 16,800,000 to the Defendant a total amount of KRW 16,800,000 on the 25th day of each month with respect to the instant loans Nos. 1,200.

(hereinafter “instant reimbursement agreement”). [Grounds for recognition] Gap’s 1 through 10, 12, Eul’s 1 and 2, and the purport of the entire pleadings

2. The assertion;

A. In relation to the Plaintiff’s claim for the first loan of this case, the Plaintiffs borrowed KRW 15,00,000 from the Defendant on September 28, 2010, and agreed to repay KRW 20,400,000, totaling KRW 5,400,000 from September 28, 2010 to September 27, 2011, the Plaintiffs entrusted the preparation of the instant authentic deed by promising to repay KRW 20,40,000 to September 27, 2011.

Of the above 5,400,000 won, the interest limit rate under the former Interest Limitation Act exceeds the fixed interest rate.

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