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(영문) 수원지방법원 2014.05.13 2013가단92961
채무부존재확인
Text

1. The Defendant’s notary public against the Plaintiff is a notarial deed No. 425 prepared on August 19, 2011 by Clegal Office.

Reasons

1. The Plaintiff asserts that, on March 29, 2011, the compulsory execution based on the Notarial Deed stated in the order should be denied since the Plaintiff borrowed 100,000 won interest from the Defendant to pay 7.5 million won per month, and paid all principal and interest on August 16, 2013.

In regard to this, the defendant set up a loan of KRW 10 million to the plaintiff with interest rate of KRW 2.5% per month, and asserts that the plaintiff still remains liable for the unpaid debt.

2. Determination:

A. In full view of the purport of evidence Nos. 1 through 3 (including paper numbers), Eul evidence Nos. 1 through 6, witness D, and the whole pleadings, the defendant lent 100 million won interest to the plaintiff as a broker of credit service provider D on March 29, 2011 at 2.5% per month (30% per annum), i.e., 2750,000 won per month. Of them, 10 million won was transferred to the plaintiff's account; the remaining 10 million won was transferred to E's account; the plaintiff paid 10 million won to the above 3rd district court as fees; the plaintiff prepared the Notarial Deed Nos. 195 million won to the loan money of this case; and completed the registration of establishment of a mortgage right in the name of the plaintiff; the defendant paid 1,000,000 won to the defendant out of the loan money of this case; the defendant paid 1,500,000 won of the loan of this case to the plaintiff's deposit claim of this case;

B. Whether the loan of this case is repaid or not.

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