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(영문) 대전지방법원 천안지원 2018.08.22 2017가단104329
채무부존재확인
Text

1. The obligation of the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff) based on the loan certificate dated September 28, 2016 is 8,249.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who runs the business of selling learning materials and teaching tools with the trade name of “C points”.

B. The Plaintiff, as indicated in the following table (hereinafter “the slip”), received money from the Defendant and used it for business purposes, paid a certain amount each month to the Defendant, and entered into an agreement with the Defendant to repay the principal at the agreed maturity (hereinafter “instant agreement”).

According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to the Plaintiff’s principal payment period on September 28, 2013, which was agreed to pay each month by the Plaintiff (won) and the Plaintiff’s principal payment period on September 28, 2013, and as to the entire principal payment period on December 10, 200,000 on September 28, 2014, December 23, 2013, 200, KRW 500,000,000 on December 30, 2014, and the entire principal payment period on April 30, 2014, 200, KRW 70,500,000,000 on April 16, 2015, the entire principal payment period on September 20, 200, KRW 16,000,000,00,000,00,005).

6. 10,000,000 ( monthly 3,500,000,000 for the entire principal of the remaining principal) October 2, 2016, October 2, 2016, the document of borrowing 100,000

1. Principal: 70 thousand won;

2. Date of repayment: Interest on September 28, 2017:

4. Time to pay interest: 30th of each month (the first date of payment of interest: September 30); and

5. The above amounts have been borrowed and confirmed and sign and seal this deed.

The debtor: the plaintiff (affixing the seal) creditor and the defendant your (a person without the seal).

C. On September 28, 2016, the Plaintiff prepared and ordered to the Defendant a certificate of borrowing (hereinafter “the instant certificate of borrowing”).

【In the absence of any dispute, Gap 1, 2 evidence, Eul 1-3 evidence (including paper numbers), the purport of the whole pleadings】

2. Summary of the parties' arguments;

A. As a loan agreement, the Plaintiff borrowed money from the Defendant, and repaid to the Defendant the sum of KRW 30,000,000 as principal, and KRW 108,00,000 as interest.

Interest calculated according to the interest limitation rate under the Interest Limitation Act is 46,429,670 won.

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