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(영문) 서울중앙지방법원 2016.09.27 2014가단234955
채무부존재확인
Text

1. Promissory notes, No. 26, 2012, drawn up on February 20, 2012 by the Defendant’s notary public against the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 26, 2011, D issued a promissory note (hereinafter “instant promissory note”) stating KRW 15 million as of May 30, 201 as interest rate 3%, and as of November 30, 201, D’s husband E as of November 26, 201, in order to secure the principal and interest obligation of the said loan (hereinafter “the principal and interest obligation of the instant loan 1”) on behalf of the Plaintiff, as of the Plaintiff’s husband, the Plaintiff, E, and the face value 15 million, and the date of issuance, May 25, 2011, and the due date as of November 30, 201 (hereinafter “the instant Promissory Notes”), and a notary public drafted a promissory note No. 98, May 26, 2011, as of May 26, 2011.

B. On June 2, 2011, D issued a promissory note stating KRW 15 million as of June 30, 201 as interest rate 3%, and as of December 30, 201, D’s maturity as of December 30, 201, in order to secure the above loan principal and interest obligation (hereinafter “the debt for the second loan”), D’s issuer D, payee E, face value 15 million won, issue date, June 2, 2011, and the due date as of December 30, 2011 (hereinafter “second promissory note”), and a notary public drafted a notarized bill (hereinafter “notarial deed”) as of June 2, 2011 on June 2, 2011.

C. D, on August 19, 201, with interest rate of KRW 30,00,000 from the Defendant, and on February 20, 2012, D, as an agent of the Plaintiff, issued a promissory note as of August 19, 201, stating the issue date as of February 20, 201 as the issuance date (hereinafter “instant third promissory note”) to secure the above loan principal and interest obligation (hereinafter “the instant third loan obligation”), and as an agent of the Plaintiff and the Defendant, the issuer, the Defendant, and the face value of KRW 30,00,000,000,000,000,000,000 as of February 20, 2012. A notary public drafted a promissory note No. 148, August 19, 2011 (hereinafter “instant notarial deed”).

D No. 3. of this case

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