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(영문) 춘천지방법원 2017.01.11 2016가단6050

채무부존재확인

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 a lawsuit against the Plaintiff for a claim for loans, etc. (hereinafter “instant prior suit”) with the Chuncheon District Court 2014Kadan8915.

B. In the previous suit of this case, the Defendant loaned KRW 38,150,000 to the Plaintiff on March 14, 2006, KRW 500,000 on October 25 of the same year, KRW 800,000 on October 26 of the same year, KRW 13,250,00 on the 27th of the same month, KRW 13,60,000 on the 313,60,00 on the 31st of the same month, and the Plaintiff agreed to pay KRW 970,00 on the 39,120,000 on the 38,150,000 on the 38,150,000 on the 31st of the same month, and claimed damages for delay.

C. Accordingly, the Plaintiff asserted that the loan claim was extinguished by paying the Defendant a sum of KRW 83,890,000 from November 23, 2006 to August 14, 2014. However, the court of the instant lawsuit acknowledged only KRW 22,897,00 out of the amount paid by the Plaintiff on June 2, 2015 after the closure of pleadings, and determined that “the Defendant (the Plaintiff of this case)” was 15,103,000 (38,000,000 won - 22,897,000,000 won - from November 15, 2014 to June 16, 2015 to 200% of the amount paid by the Plaintiff (the Plaintiff of this case) and the Defendant’s decision was dismissed by 15,103,000 per annum and 20% of the remainder of the annual withdrawal from the Plaintiff’s appeal.”

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 4 (Evidence No. 1) and purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that up to 14,550,000 won that is irrelevant to the plaintiff in the previous suit of this case is a loan to the plaintiff, and the plaintiff was awarded a judgment of acceptance. 3,460,700 won that the plaintiff paid to the defendant from May 16, 201 to July 7, 2014 was omitted in the details of the repayment of the judgment of this case, and considering each of the above money, each of the above money should be considered.