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(영문) 의정부지방법원고양지원 2016.07.08 2015가합74527
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is a parent between E and the plaintiff B, and the plaintiff B was legally divorced as the former wife of E.

B. On July 1, 2013, E worked in F, which the Defendant operated, retired from the office on July 1, 2013. Since the fact that the Defendant incurred a loss to F while working, E agreed to pay the Defendant KRW 308,000,00 (hereinafter “instant damages”). Moreover, E borrowed KRW 115,514,730 from the Defendant (hereinafter “instant loans”) to the Defendant.

C. On July 9, 2015, E, at the Defendant’s agent G and notary office D’s office on behalf of Plaintiff A, borrowed KRW 115,514,730 from the Defendant on July 9, 2015 for KRW 60,00,00 from the Defendant on July 30, 2015, KRW 75,514,730 from the Defendant on July 30, 2015, as regards the instant loan, as for KRW 60,00,00, August 31, 205, the amount of August 31, 2015 shall be determined at 7% per annum, interest, interest, and interest interest, and KRW 20% per annum. If Plaintiff E and Plaintiff fail to perform the above monetary obligation, E entrusted Plaintiff A with the preparation of a notarial deed of a monetary loan agreement with the effect that there is no objection even if compulsory execution was conducted, D, as of the same day, the notary public drafted the notarial deed as above No. 604(1).

On the same day, E and G likewise borrowed 7% per annum from the Defendant with interest rate of 20%, and the interest rate of 308,000,000 won from the date of lending to July 9, 2015, from September 9, 2015 to September 9, 2025 (the repayment of 2,50,000 won each month and the final repayment of 10,50,000 won each September 9, 2025) as to the damages in this case, as to the damages in this case, as in the same day, they borrowed 308,00,000 won from the Defendant; and if the Plaintiff and E and the Plaintiff fail to perform the above monetary obligation, they commissioned the Plaintiff to prepare a notarial deed of monetary loan agreement with the effect that they have no objection even if they are immediately subject to compulsory execution; and D was on the same day as D notary public.

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