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Reasons
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(영문) 춘천지방법원속초지원 2015.02.24 2014가단1340
채무부존재확인
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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 10,000.

Reasons

1. Summary of the parties' arguments

A. On November 22, 2012, the Plaintiff, which caused the principal lawsuit, borrowed KRW 5,00,000 from the Defendant, and fully repaid the amount, but the Defendant continued to pay the amount to the Plaintiff. Therefore, the Plaintiff is seeking confirmation that the said obligation does not exist.

B. On November 22, 2012, the Defendant, which caused the counterclaim, lent a total of KRW 10,000,000 to the Plaintiff, and thus, the Plaintiff is obligated to pay that amount.

2. Determination on the principal lawsuit and counterclaim

A. The facts subsequent to the facts of recognition do not conflict between the parties, or evidence Nos. 1, 2 [The authenticity of the entire document shall be presumed to have been established, since the Plaintiff’s writing on the loan certificate (Evidence No. 1) recognized by the Plaintiff and the debtor’s writing on the loan certificate (Evidence No. 1 (Evidence No. 2) are deemed to be the same as that of the Plaintiff’s writing on the loan certificate (Evidence No. 2) recognized by the Plaintiff), and No. 3 (No dispute over the part on the stamp image on the Plaintiff’s name, and there is no evidence to prove that the Plaintiff’s seal was stolen, but there is no evidence to prove that it was used by the Plaintiff), and the whole purport of the pleadings as a whole.

1) On November 22, 2012, the Defendant amounting to KRW 5,000,000 (hereinafter “loan 1”) to the Plaintiff.

(2) In lending, the Defendant lent KRW 5,00,000 (hereinafter “loan”) to the Plaintiff on November 22, 2012, the interest rate was KRW 70,000 per day, KRW 3,00,000 out of the principal amount due, and KRW 2,00,000 up to December 30, 2012. (2) On March 1, 2013, the payment period was set as KRW 5,00,000 per day, and the interest rate was set as KRW 70,00 per day, and the payment period was set as March 1, 2013.

3) The Plaintiff prepared a letter (Evidence No. 3) stating that “the receipt of daily rent is KRW 5,000,000,000” to the Defendant. (b) According to the above facts of recognition, the Plaintiff, as to KRW 1,20,000,000 (= KRW 5,000,000,000) and KRW 5,00,000,000 among the loans, was the final due date for payment, from May 10, 2013 to the instant counterclaim.

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