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(영문) 수원지방법원 2015.01.08 2014나22229

청구이의

Text

1. Revocation of a judgment of the first instance;

2. The defendant's Suwon District Court Decision 2010Gadan44076 against the plaintiff.

Reasons

1. Facts of recognition;

A. A. Around July 25, 2008, the Defendant filed a lawsuit against C seeking the payment of rent, and received a decision on performance recommendation (C shall pay the Defendant the amount of KRW 12.9 million and the delay damages therefrom) (C shall be referred to as the “decision on performance recommendation of the instant 1 performance recommendation”) with the purport that “C shall pay the Defendant the amount of KRW 12.9 million and the delay damages therefrom,” and the decision on performance recommendation of the instant 1 performance recommendation was finalized on September 24, 2008.

B. On August 18, 2011, the Defendant filed a lawsuit against C and the Plaintiff seeking the payment of the loan, and received the judgment that “C shall pay KRW 9,808,000 and delay damages therefor to the Plaintiff and each of the Defendant (hereinafter “the final judgment of this case”); and around January 17, 2011, with respect to the Plaintiff, the Defendant received each of the instant final decisions on performance recommendation (Seoul District Court Decision 2010Da44076, Jun. 2, 201; hereinafter “the instant final decision of performance recommendation”) with the same content as the final and conclusive judgment of this case. The final judgment of this case was finalized on September 7, 2011, and each of the instant final decisions of performance recommendation was finalized on March 4, 2011.

C. On the other hand, around May 23, 2012, the Defendant issued a receipt (hereinafter “instant receipt”) stating that “A shall receive KRW 12 million from C, and that “A shall pay a full amount of KRW 12 million, 18 million,” to C.

At the time, C and the defendant prepared also the statement that “C shall pay a total of 6 million won to the defendant in installments, each of 600,000 won from June 23, 2012 to March 23, 2013.” [The grounds for recognition], “A, 3, 4, and 8 evidence (including each number, 4, 5, 12-1, 12-1, and 12-1, and the purport of the whole pleadings.”

2. Judgment on the parties' arguments

A. The Plaintiff’s assertion by the parties is between C and C who represented the Plaintiff on May 23, 2012.