청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts under the recognition do not conflict between the Parties.
On February 5, 2010, the Plaintiff received checks from the Defendant on KRW 10 million.
B. Around June 2010, the Defendant filed a lawsuit against the Plaintiff with the Seoul Central District Court for a loan claim. On June 22, 2010, the said court rendered a decision of performance recommendation with the purport that “the Plaintiff shall pay to the Defendant the amount of KRW 10 million and the amount calculated at the rate of KRW 20% per annum from the day after the written complaint was served to the day of complete payment,” and the said decision was finalized on July 9, 2010.
(Seoul Central District Court 2010 Ghana5021204, hereinafter referred to as the “instant decision on performance recommendation”);
A. On February 5, 2010, the Plaintiff asserted that the Plaintiff received a request from C to ask for an admission of the passbook for presentation at the Defendant’s funds.
After that, the defendant, C, etc. received a cashier's check of KRW 10 million, and purchased a passbook for presentation upon request from D, and the check was paid to D at the purchase price of the passbook for presentation.
D et al. promoted the same project as D et al., but did not intend to do so, and D et al. paid money to the Defendant for the purchase of passbook for presentation.
Ultimately, there is no fact that the Plaintiff borrowed money from the Defendant, and compulsory execution based on the instant decision on performance recommendation premised on this premise should be dismissed.
The defendant asserted that on February 5, 2010, the defendant lent the cashier's checks of KRW 10 million to the plaintiff on a fixed period of not more than 10 days, so the plaintiff is obligated to complete the checks. Therefore, the plaintiff's claim of this case is improper.
3. In full view of the judgment and conclusion stated in the evidence Nos. 1 and 2, witness E and C’s testimony, the Plaintiff may recognize the fact that on February 5, 2010, the Plaintiff borrowed a KRW 10 million cashier’s check from the Defendant within the maturity of ten days.
Thus, the plaintiff's claim of this case is dismissed as it is without merit.