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(영문) 청주지방법원 2015.09.15 2015가단3501

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 4, 2003, the Plaintiff filed a lawsuit against the Defendant on February 5, 1991, asserting that “Around February 5, 1991, the Cheongju District Court, 2003Kadan4570, against the Defendant, the Plaintiff, who was detained by issuing cashier’s checks in a loan claim lawsuit No. 2001Kadan1522, and had no method of verifying the process of paying checks, was punished as a litigation fraud. As a result, on March 5, 2001, the Plaintiff was forced to withdraw the said lawsuit, and the Plaintiff incurred damages equivalent to the attorney’s fees in relation to the above loan and lawsuit by completing the extinctive prescription of the above loan claim.” The Plaintiff brought a lawsuit against the Plaintiff on the damages claim amounting to KRW 27,500,000 (damage equivalent to the damages claim amount, KRW 25,000, KRW 2500, KRW 2050, KRW 500).

B. On July 11, 2003, the above court rendered a judgment dismissing the plaintiff's claim. Accordingly, the plaintiff appealed (Cheongju District Court 2003Na3202) and the appeal (Supreme Court 2004Da11979), but the above judgment of the court of first instance became final and conclusive on May 6, 2004 upon receiving a judgment dismissing an appeal and dismissing an appeal.

(hereinafter referred to as the “instant previous suit” and the final and conclusive judgment (hereinafter referred to as the “instant prior suit judgment”) / [Grounds for recognition] substantial facts to the instant court, the absence of dispute, and the purport of the entire pleadings.

2. The plaintiff's assertion that although the defendant did not repay KRW 25,00,000 on February 5, 1991, the Cheongju District Court 2001Kadan1522, Cheongju District Court 2001Gadan1522, the plaintiff's claim was made by submitting the statement of the amount repaid to KRW 25,00,000 on the loan amount of KRW 25,00,000 on February 5, 1991 as supporting evidence for the above repayment. The attorney of the above case was urged the court as if the loan was repaid on February 5, 1991, and the plaintiff lost the loan claim by withdrawing the above loan claim without the plaintiff's consent. < Amended by Act No. 4338, Feb. 5, 1991>