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(영문) 수원지방법원성남지원 2017.09.19 2017가합400942

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 27, 2014, the Plaintiff filed a lawsuit against the Defendant regarding the payment of the aggregate of KRW 250 million for loans, KRW 280 million for unpaid rents, and KRW 20 million for the payment of the agreed amount pursuant to the payment agreement around December 27, 2013, with Suwon District Court Sung-nam Branch of 2014Kahap8130 (the principal office; hereinafter “previous lawsuit”).

B. On October 14, 2015, the foregoing court: (a) recognized the establishment of the above loan claims and the unpaid rent claims; (b) rejected the Defendant’s defense that the said loan claims and the unpaid rent claims were extinguished by prescription; and (c) rejected the Plaintiff’s claim; (b) the evidence submitted by the Plaintiff regarding the agreed amount claim alone is insufficient to acknowledge the fact that the Defendant agreed to pay KRW 280 million to the Plaintiff on or before December 2013; and (d) rendered a judgment dismissing the Plaintiff’s claim on the grounds that there is no other evidence to acknowledge otherwise.

Since then, the plaintiff's appeal and appeal were dismissed, and the above judgment became final and conclusive on November 25, 2015.

[Grounds for Recognition] Unsatisfy, Gap evidence 15 to 17, Eul evidence 1 to 7, the purport of the whole pleadings

3. Determination as to the cause of action

A. The Plaintiff’s assertion that the Plaintiff’s claim was inherited from the Defendant’s father around March 2012, the Defendant agreed to pay KRW 259.6 million with the above loan claim as inherited property, and KRW 20 million with the unpaid rent claim. As such, each of the above claims is an indefinite-term obligation.

The defendant made a false assertion that there was no promise to pay 280 million won by inheritance from the previous lawsuit, and that the defendant did not agree to pay 280 million won.

The court ruled that the defendant's false statement belongs to the defendant's false statement is dismissed.

The defendant's above false statement constitutes a tort because it constitutes a lawsuit fraud.