logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.12.16 2016나2028086
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

A notary public against the Defendant (Counterclaim Plaintiff) of the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. From September 14, 2007 to October 2013, the Plaintiff borrowed money from the Defendant over several occasions and partly repaid the principal and interest.

B. On October 8, 2013, the Plaintiff and the Defendant confirmed that the Plaintiff’s obligation to the Defendant was KRW 32,00,000 for principal and interest KRW 22,800,000 for a law firm Leesan, and that the said law firm’s document was written, respectively, with the following contents (hereinafter “each authentication document of this case” and, if necessary, specified as the number of copies).

Article 1 (Purpose) of the No. 608 No. 1 notarial Deed (Purpose) The Defendant lent KRW 22,800,000 to the Plaintiff on October 8, 2013, and the Plaintiff borrowed it.

Article 2 (Period and Method of Payment) Payment shall be made by March 31, 2014.

Article 3 (Interest) No interest shall accrue.

Article 8 (Recognition of Compulsory Execution) When the plaintiff fails to perform his/her pecuniary obligation under this contract, the plaintiff acknowledged the absence of objection immediately after compulsory execution.

Article 1 (Purpose) of the No. 609 No. 309 (Purpose) The Defendant lent KRW 32,000,000 to the Plaintiff on October 8, 2013, and the Plaintiff borrowed this.

Article 2 (Period and Method of Payment) Payment shall be made by March 31, 2014.

Article 3 (Interest) Interest shall be 15% per annum and shall be paid on the 25th of each month.

Article 8 (Recognition of Compulsory Execution) When the plaintiff fails to perform his/her pecuniary obligation under this contract, the plaintiff acknowledged the absence of objection immediately after compulsory execution.

【In the absence of dispute over the grounds for recognition, Gap evidence 2, Eul evidence 1 through 28, 47 (including branch numbers for those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. The summary of the parties’ assertion is that the obligations under the notarial deeds of the Plaintiff 1 are null and void to the extent exceeding the principal and interest of the loan obligations remaining between the Plaintiff and the Defendant at the time of preparing the said obligations, and the details of the Plaintiff’s loan and repayment against the Defendant.

arrow