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(영문) 부산지방법원 동부지원 2018.11.28 2018가단202066

사해행위취소 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff loaned C a total of KRW 77 million over several occasions from around 2012 to around 2014. (2) The Plaintiff urged C to pay the principal and interest of the loan. (3) The Plaintiff heard from C that “If he/she prepares a written confirmation that “I would not raise any objection to KRW 39 million out of the above loan, I would like to obtain a written confirmation from his/her parents to pay the said amount.” On December 3, 2014, the Plaintiff prepared a written confirmation (a evidence No. 2-1; hereinafter “instant confirmation”).

3) After the completion of the above confirmation document, the Plaintiff filed a lawsuit against C with Busan District Court 2015Da4463 as Busan District Court Decision 2015Da463, and C claimed that “from 2013 to 2014, repaid KRW 18.91 million to the Plaintiff, and the Plaintiff exempted the Plaintiff from the obligation of KRW 39 million. 4)” The above court on May 27, 2015, the above court claimed that “C shall pay the Plaintiff the unpaid amount by July 10, 2015. If C fails to pay the above money by the due date, it shall pay damages for delay calculated at the rate of 20% per annum from the date following the due date to the date of payment.” The remainder of the litigation costs shall be waived.”

(5) The Plaintiff received KRW 18 million from C in accordance with the decision on the recommendation for reconciliation of this case. < Amended by Presidential Decree No. 2010, Jun. 18, 2015; Presidential Decree No. 20358, Jun. 18, 2015>

B. A criminal case 1 between the Plaintiff and C) The Plaintiff asserted that C had the instant confirmation document by deceiving the Plaintiff, and filed a complaint against C with the intent of fraud (No. 2015 type No. 34491 of the Dong Office of the Busan District Prosecutors' Office (No. 2015 type No. 34491 of the Dong Office of the District Prosecutors' Office), which was 30 million won out of the criminal conciliation amount to the Plaintiff until March 20, 2016.