logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.08.20 2018가단24355
계금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination on this safety defense

A. The Plaintiff’s claim cause 1) The Plaintiff’s claim amounting to KRW 14 million and the remainder of KRW 36 million (hereinafter “the claim or obligation of this case”) is the claim or obligation of this case where C, who was a member of the number fraternity operated by the Plaintiff as the fraternity, received the time limit amounting to KRW 50 million.

2) On May 6, 2018, C prepared a letter of intent to repay the instant debt to the Plaintiff.

3) The Defendant agreed to pay the Plaintiff the instant debt on behalf of the Plaintiff if C did not repay the instant debt. B) Around April 2018, the Plaintiff prepared a written statement stating that “C shall not be liable for civil liability with respect to C’s debt and the time limit money” to the Defendant (hereinafter the instant agreement).

(C) In view of the Plaintiff’s assertion of this case and the facts acknowledged as above, it is reasonable to view that the agreement of this case constitutes a non-contentious special agreement, as an agreement that did not bring a civil lawsuit against the claim of this case, as an agreement that did not require a civil lawsuit.

2. The instant lawsuit is unlawful because it was filed against a special agreement on the institution of lawsuit, as seen above, and there is no benefit in the protection of rights.

2. As such, the Plaintiff’s lawsuit of this case is unlawful and thus, it is so decided as per Disposition.

arrow