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(영문) 서울중앙지방법원 2015.03.10 2014가단111762

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The defendant (A, the plaintiff in this case) on October 1, 2009 paid 35,400,000 won to the plaintiff C, and 31,000,000 won to the plaintiff B (the defendant in this case) on December 31, 2009, in the case of collection money by the Seoul Central District Court 2009Da209221, which the defendant and C filed against the plaintiff against the plaintiff.

Provided, That where the defendant delays the payment of the above amount, damages for delay shall be paid at the rate of 20% per annum from the day after delay to the day of full payment.

2. The Plaintiffs waive all remaining claims against the Defendant.

3. The costs of the lawsuit and the costs of the conciliation are assessed against the defendant. The fact that a decision substituting the conciliation (hereinafter referred to as the forced conciliation of this case) has become final and conclusive does not conflict between the parties.

2. Determination

A. The plaintiff's assertion that the plaintiff paid 14,00,000 won to the defendant under the compulsory adjustment of this case, and 15,000,000 won to C respectively, and C transferred the remainder of 20,400,000 won to the defendant on April 19, 2010, and the plaintiff's obligation to the defendant under the compulsory adjustment of this case was totaled of 37,40,000 won [the total amount of compulsory adjustment 31,00,000 won for the defendant - the amount of 14,000,000 won for the amount of compulsory adjustment transferred to C (the total amount of forced adjustment 35,40,000,000 won for the defendant - the amount of 14,00,000 won for the amount of compulsory adjustment (the total amount of forced adjustment 35,40,000,000 won for C)];

As the Plaintiff deposited KRW 38,251,520, totaling KRW 851,520,000 for enforcement expenses of KRW 37,40,00,000, the Plaintiff deposited KRW 38,251,520 on May 23, 2014, compulsory execution under the instant compulsory adjustment ought to be denied.

B. It is insufficient to acknowledge that the Plaintiff deposited KRW 38,251,520 only with the descriptions of evidence Nos. 1, 2, and 3, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion cannot be accepted.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.