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(영문) 서울중앙지방법원 2019.11.12 2018가단5069567
청구이의
Text

1. B’s D office of notary public against the Plaintiff, No. 1138 of June 10, 2016, a monetary loan agreement, No. 1138 of 2016.

Reasons

1. Facts of recognition;

A. In March 2016, the Plaintiff and B came to develop into a relationship between her first met and her knowledge, and from April 2016.

B. B loaned a total of KRW 50,000,000 to the Plaintiff five times from May 3, 2016 to June 10, 2016 (hereinafter “instant loan”).

C. On June 10, 2016, the Plaintiff and B drafted a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) that: (a) at the notary public D office as of June 10, 2016, the Plaintiff and B lent KRW 50,000 to the Plaintiff at zero (0,000) interest rate; and (b) the Plaintiff paid due date on September 10, 2017.

On June 27, 2016, the Plaintiff and B entered into a notarial deed following the completion of the instant notarial deed, and on June 10, 2016, the Plaintiff and B entered into a notarial deed under the agreement of two persons (B lent KRW 50,000,000 to the Plaintiff and the Plaintiff borrowed it).

The plaintiff and B shall invalidate the validity of the notarial deed on June 27, 2016, under the agreement of the parties.

The notarial deed of this case is invalid on June 27, 2016, as regards the principal and interest in arrears of the creditor to the debtor under the contract.

On June 27, 2016: Creditor B: A written agreement with the following terms (hereinafter “instant agreement”) was made.

E. After the preparation of the instant agreement, the Plaintiff and B re-convened with the school system on August 19, 2016 and resolved upon the dispute.

F. Meanwhile, B (hereinafter “the deceased”) died on January 10, 2019, and E, F, and the Defendant were the inheritor, but the Seoul Family Court Decision 2019Ra5033, E, F, and the Defendant inherited the deceased solely by granting a qualified acceptance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The burden of proof of the grounds for the objection in a lawsuit seeking objection to the relevant legal doctrine is also the burden of proof in general civil procedure.

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