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(영문) 창원지방법원 2017.06.01 2016가합53893

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. On February 16, 2016, the Defendant, with D’s trade name, stated loans of KRW 342,00,000 as loans of KRW 338,913,00 and the unpaid amount of KRW 339,913,00 as loans of KRW 338,913,00,00. However, if the amount of the loan and the amount of the loan claim are combined, the Defendant asserts that the balance of the goods payment amount of KRW 338,913,00 is KRW 338,913,00,00, and the Defendant asserts that the amount of the loan would be KRW 339,913,00 as loans of KRW 3339,913,00 as loans of KRW 338,913,00 as the original copy of the payment order.

A total of 680,913,000 won and damages for delay thereon were received from this court on February 17, 2016 (hereinafter “instant payment order”). The above payment order was served to A on February 22, 2016 and confirmed on March 8, 2016.

B. On June 23, 2016, A filed an application for commencing rehabilitation procedures with the Seoul Central District Court on July 12, 2016, and received a decision to commence rehabilitation procedures as the above court 2016 Ma10125 on July 12, 2016, and the Plaintiff became a custodian of the rehabilitation debtor A.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 5, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s assertion: (a) loaned KRW 342,00,000 to A over ten times from February 11, 2008 to April 10, 2012; (b) supplied the goods equivalent to KRW 2,571,045,348 from April 9, 2007 to October 29, 2015; and (c) paid the unpaid goods amounting to KRW 338,913,00; and (d) paid the unpaid goods amounting to KRW 2,571,045,348 from the said payment. Accordingly, A shall pay the Defendant a total of KRW 680,913,00, and damages for delay.

B. The Plaintiff’s assertion A did not borrow KRW 342,00,000 from the Defendant, and all the amount of goods against the Defendant.