beta
(영문) 서울동부지방법원 2019.01.24 2018가단16325

채무부존재확인

Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 8 and the overall purport of the pleadings:

On June 19, 2012, the Defendant filed a lawsuit against the Plaintiff for loans with Suwon District Court 201Na10453, the Defendant was sentenced to the judgment that “the Plaintiff shall pay to the Defendant 10,000,000 won and the amount equivalent to 5% per annum from June 4, 2010 to June 19, 2012, and the amount equivalent to 20% per annum from the next day to the date of full payment.” On July 5, 2013, the Seoul High Court 201Na58366, which was the appellate court that was pending as the Plaintiff’s appeal, with the Plaintiff’s appeal, the Plaintiff was revoked from the next day of the Seoul High Court 201Na10453 to the day of September 29, 2011 to the day of full payment of the amount exceeding 110,000,000 won and the amount equivalent to 20% per annum from September 29, 2013.”

(hereinafter referred to as the “final judgment of this case”) B.

On July 18, 2012, the Plaintiff deposited KRW 130,000,00 as the deposit money for the suspension of compulsory execution in Suwon District Court 2012Karo782 case of the suspension of compulsory execution. The Plaintiff deposited KRW 130,00,000 as the deposit money for the Defendant on July 18, 2012.

C. As of September 12, 2013, the Defendant acquired the Plaintiff’s right to claim for the recovery of deposit money against the deposit money No. 2920 from the Suwon District Court (Seoul District Court 2013TTTTTT16190), and subsequently filed a claim for the recovery of deposit money No. 2920 from the Suwon District Court 2012. < Amended by Act No. 13034, Aug. 24, 2015; Act No. 13524, Aug. 24, 2015>

2. The Plaintiff’s lawfulness of the instant lawsuit is, through the instant lawsuit, the competent district court of the Republic of Korea, the garnishee of the District Court Decision No. 2013TTT 2013TT 16190 on September 12, 2013.