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(영문) 서울서부지방법원 2017.02.08 2016가단8803
계금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff's assertion and determination parties' assertion that the defendant is liable to pay the total of KRW 11,500,000,000,000 for the 1/2 old accounts around 2005 (hereinafter "the first accounts") and around 2007 for the previous accounts (hereinafter "the second accounts"), the defendant's assertion that the defendant is liable to pay the total of KRW 23,500,000,000,000,000 for the 1/2 old accounts in the first accounts and 12,50,000,000,000 for the previous accounts that the plaintiff has not paid, and the second accounts for the second accounts cannot be paid since the amount already paid by the plaintiff is more than the amount that the plaintiff has not paid by the plaintiff, the Incheon District Court 201Na43586, which agreed not to receive from the loan conciliation procedure, or the plaintiff's obligation has not been confirmed in the above conciliation procedure.

Judgment

The first guidance was continued from February 2005 to March 2007 by the first guidance on KRW 12,500,000 for the first and second accounts, and the first guidance amounting to KRW 12,500,000 for the first and second accounts, and the first/2 accounts amounting to KRW 12,50,000 for the first and second accounts, and the first/2 accounts amounting to KRW 12,50,00 for the first and second accounts amounting to KRW 12,50,00 between the parties concerned

In full view of the purport of the argument in Gap evidence Nos. 4, 5, 7 and Eul evidence No. 1, the plaintiff prepared a cash custody certificate to the defendant on March 26, 2007 that the plaintiff would pay KRW 66,000,000,000, including the unpaid limit of payment to the plaintiff with respect to the first fraternity. ② The defendant filed a lawsuit against the plaintiff for payment of KRW 66,000,000 based on the above cash custody certificate against the loan of the Incheon District Court 201Gadan43586, which was a loan of the above amount, but the plaintiff adjusted to pay KRW 5,00,000 to the defendant on August 11, 201, the plaintiff adjusted to pay KRW 55,00,000 in installments over 110,000 on the basis of the above cash custody certificate. ③ Until the conclusion of the argument in this case, the plaintiff can be acknowledged that the Incheon District Court 201Ka435866.

As seen earlier, the Plaintiff is going through the mediation procedure of the loan case in Incheon District Court 201Gadan43586.

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