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(영문) 서울고등법원 2018.03.09 2017나2031737

손해배상 등 청구의 소

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

. The EM7 vehicle (hereinafter “instant vehicle”) was transferred to the Defendant

The defendant completed the registration of transfer of name on the same day, and the same year.

4. 27. The registration of ownership transfer concerning the forest of this case is completed.

The letter of confirmation dated April 25, 2012 in the name of the defendant (hereinafter referred to as the "written confirmation of this case") contains the following contents in the same text, and the defendant's seal imprint is affixed on the side of the defendant's name as of the date of preparation.

(2) The Plaintiff received KRW 50,00,000 from the loan of this case as the passbook from the Plaintiff, and the remainder KRW 210,00,000 from the Plaintiff as the substitute for the instant vehicle and the forest of this case.

Therefore, the defendant confirms that the loan of this case does not have any obligation since it has received all repayment.

* The defendant shall not raise any objection to this case, and shall submit a letter of confirmation that he shall pay the damages of KRW 300,000 at the time of raising an objection.

2012. 4. 25. 위 확인자 피고 (날인) 원고 귀하 피고는 2014. 11. ‘원고는 피고에게 이 사건 대여금에서 이 사건 임야의 가액 4,000만 원을 공제한 나머지 2억 2,000만 원을 반환할 의무가 있다’는 이유로 서울서부지방법원에 원고를 상대로 원고 소유의 고양시 덕양구 D 임야 8,006m ^{2}에 대한 가압류신청을 하는 한편, 같은 법원 2014가합39763호로 대여금반환 등 청구소송(이하 ‘관련소송’이라 한다)을 제기하였다.

On July 14, 2016, the above court rendered a judgment dismissing the defendant's claim on the ground that the debt of the instant loan was fully repaid and extinguished, and the above judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6.