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(영문) 대전지방법원 2019.04.25 2018가단13773
채무부존재확인
Text

1. There is no loan obligation between the Plaintiff and the Defendant C with respect to the remittance of the attached bank account.

Reasons

1. Determination as to the cause of claim

(a) On October 27, 2010, as shown in Appendix 1, 200,000 won was remitted from the Defendant C’s account to the Plaintiff’s account.

B. The gist of the parties’ assertion 1) The amount of KRW 10 million transferred to the Plaintiff’s attached bank account is not the loan obligation, since it was paid to F, the owner of the said housing, by receiving the money for purchase of the housing located in the allocated group E that Defendant B and his/her her her her son together. The Defendants’ attached Form 1 bank account remittance amounting to KRW 10 million, requesting the Plaintiff to be lent to Defendant B, who was de facto in a de facto marital relationship with the Plaintiff, and was remitted to the Plaintiff by communicating Defendant C, the Defendant B, and thus, the loan obligation is a loan obligation.

C. In a lawsuit seeking confirmation of non-existence of a monetary obligation, if the plaintiff, who is the debtor, claims to deny the fact that the cause of the debt occurred by specifying the first claim, the defendant, the creditor, bears the burden of asserting and supporting the facts regarding the requirements

(3) The defendants claim that the plaintiff remitted money to G through the plaintiff's transfer of money to the plaintiff's bank account in accordance with attached Table 1, 200,300,300 won from April 1, 2009 to October 30, 2009,

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