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(영문) 대구지방법원 상주지원 2018.02.07 2016가단10581

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant filed an application with the Plaintiff for payment of KRW 201,321,000,000,000,000,000,000,000,000, which was organized by the Defendant on October 25, 2002 and February 15, 2003, respectively, as the resident settlement support of the Daegu District Court, and KRW 45,200,000,000,000,000,000,000,000,000,000 were paid to the Defendant as of February 15, 2003, and the Plaintiff did not pay the remaining KRW 18,00,00,000,00,000,000 to the Defendant on October 27, 2010.

B. As of July 15, 2003, a letter of confirmation was drawn up by the Plaintiff that the Plaintiff received the time limit money of KRW 30 million from the Defendant.

C. As of October 17, 2003, a letter was drawn up that the Plaintiff would pay the time limit amount of KRW 21.3 million each month from November 25, 2003.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff plaintiff plaintiff plaintiff and the defendant joined several accounts in which each of them is a main owner, and had a relationship between the main owner and the fraternity. Since then, all of the monetary relations were settled, and no obligation exists between the plaintiff and the defendant. At the time of the above payment order, the plaintiff's obligation against the defendant did not exist at the time of the above payment order.

The plaintiff did not prepare the above certificate and a written statement.

B. The Plaintiff, who was organized by the Defendant on October 25, 2002, purchased 30 million won per unit, monthly payment of KRW 1.5 million per month, or KRW 1.8 million per month (including interest, KRW 1.5 million per month, and KRW 1.8 million per month after retirement), and received 30 million from the Defendant on December 25, 2002, by joining 2 unit (No. 2 and No. 200,000 won per month, including interest.)

Since then, as of September 25, 2003, unpaid amounts relating to the sequence 20 millions are KRW 16.2 million (1.8 million per month = 1.8 million per month x 9 times) and the unpaid amounts are 18 millions.