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(영문) 대구지방법원 2020.09.29 2019나324433

채무부존재확인

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the case where the defendant further determines as to the assertion made by the court of first instance as follows. Thus, it is acceptable to accept it as it is in

In the sixth part of the judgment of the court of first instance, the part of the second and third cases in the second and third cases "It is reasonable to see that it is an indivisible obligation, and this part of the plaintiff's assertion on the premise that it is an installment obligation is not reasonable."

2. Additional determination

A. The Defendant asserts that, on May 3, 2019, G paid 6,000,000 won in arrears to the Plaintiff on KRW 13,00,000,000 in total, the Defendant asserts that the overdue rent to be deducted from the lease deposit is not KRW 13,00,000, but KRW 7,000,000 (= KRW 13,000,000 - 6,000,00).

B. 1) The confession of the relevant legal principles is a statement of facts unfavorable to himself/herself, consistent with the allegations by the other party at the date for pleading or the date for preparatory pleading, and once a confession of the court is established, the court is bound by the evidence, unless it is legally revoked. Thus, the court cannot admit the facts contrary to the facts established between the parties. Furthermore, the party who revokes the confession, together with the proof that the confession was made by mistake, is not contrary to the truth, and is not presumed to be a confession of mistake on the ground that the confession was proved to be contrary to the truth (see, e.g., Supreme Court Decisions 89Da14240, Jun. 26, 1990; 2009Da8428, 84295, Feb. 11, 2010). According to the records of this case, according to the records of this case, the defendant’s judgment on the facts at issue regarding the date for pleading of the next 30/130 months from June 13, 20199.

"The statement" is stated.