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(영문) 수원지방법원 2016.11.16 2016가단523527

청구이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant asserted that, against the networkF, the Suwon District Court 2006Kadan3192 lent KRW 24.8 million in the loan case.

On May 8, 2006, the above court rendered a judgment on May 8, 2006 that "the net F shall pay 7.510,000 won and delay damages to the Defendant, although the Defendant was found to have lent 7.510,00 won to the net F, on the ground that there is no evidence to acknowledge the fact that the lending of 1,729,000 won was made." The above judgment

B. Accordingly, the Defendant asserted that, in the loan case against the Plaintiff B, the Seoul Western District Court 2006da47359, the Plaintiff sought payment of KRW 21790,000,000,000, which was obtained by deducting KRW 7510,000 from the amount of 24.8 million, the remainder of KRW 1,729,000,000, which was obtained by winning a favorable judgment against the net F and the Plaintiff B.

Accordingly, the above court rendered a decision on October 24, 2006 that "the plaintiff B shall pay to the plaintiff B 4.5 million won a winning amount of KRW 7.5 million, after deducting 7.5 million a winning amount of KRW 1,729,000 as requested by the defendant, on the ground that the plaintiff B is obligated to pay 2,17.9 million a total of KRW 2,17.9 million a winning amount of KRW 2,17.9 million and damages for delay to the plaintiff B," on the ground that "the plaintiff B shall pay to the defendant 2,179,000 won and damages for delay to the plaintiff B, as requested by the defendant," on October 24, 2006.

C. In the loans of 2006Na8409, the appellate court of the judgment of the first instance of this case, the above court ordered the Defendant to pay the remainder of 2,1790,000 won after deducting 7,510,000 won paid by the Defendant from the amount of 2,93 million won (=2,4.8 million won) to the Defendant, but it ordered the Defendant to pay the remainder of 2,179,000 won after deducting 7,510,000 won paid by the Defendant. However, on March 22, 2007, on the ground that the repayment by the Plaintiff B of 3,80,000 won was recognized.