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(영문) 대구지방법원김천지원 2016.08.17 2016가단1874

채무부존재확인 등

Text

1. The defendant's decision on the plaintiff is based on the Daegu District Court Decision 2012Gaso16388 decided against the defendant's plaintiff.

Reasons

1. Facts of recognition;

A. On February 18, 2012, the Plaintiff prepared and delivered to the Defendant a letter of payment stating that “the Plaintiff shall pay KRW 2.7 million to the Defendant by July 31, 2012.”

B. On the ground that the Plaintiff did not pay the above money, the Defendant filed a claim for the payment of the loan with the Daegu District Court Decision 2012Gau16388, Daegu District Court, Kimcheon-si, 2012. On December 6, 2012, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 2.7 million and the amount calculated at the rate of KRW 20% per annum from August 15, 2012 to the date of full payment” (hereinafter “instant judgment”), and the instant judgment became final and conclusive as is.

C. The Defendant filed an application for entry in the defaulters’ list with the Daegu District Court No. 2013Kao6751, and the said court rendered a decision on January 17, 2014 that “the Plaintiff shall be registered in the defaulters’ list.”

On August 5, 2014, the Plaintiff agreed with the Defendant that “the Plaintiff shall pay to the Defendant a lump sum payment of KRW 2.7 million, and the Defendant shall immediately file an application for termination of registration of bad credit standing with the Plaintiff within the said period (from August 5, 2014 to July of the same month) upon receipt of the said agreed amount. The Defendant shall receive the agreed amount and not raise any civil or criminal objection. The Defendant shall not demand any additional amount other than the agreed amount.” (hereinafter “instant agreement”).

E. On August 5, 2014, the Plaintiff transferred KRW 2.7 million to the Defendant’s account.

[Reasons for Recognition] Each entry of Gap evidence Nos. 2 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, inasmuch as the obligation under the judgment of this case is fully repaid, compulsory execution based on the judgment of this case shall be dismissed.

B. As to the Defendant’s assertion, the Defendant alleged that the agreement of this case was reached by the Plaintiff’s coercion, but there is no evidence to acknowledge it.