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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff raised an objection against the Defendant as Daejeon District Court 2007Kadan5355, Daejeon District Court 2007Kadan5355, and on March 26, 2008, the conciliation as follows (hereinafter “instant conciliation”) was established in the case of the objection.
The plaintiff shall pay the amount of KRW 4 million to the defendant by means of remitting it to the Agricultural Cooperative Account (Account Number D) in the name of the defendant until April 30, 2008. If the plaintiff fails to pay the above amount by the payment date, the plaintiff shall pay the unpaid amount at a rate of 20% per annum from the day after the date of payment to the day of full payment.
Upon receiving the above money, the Plaintiff and the Defendant confirmed that there was no debt owed to the Defendant on August 9, 2007 based on the original copy of the executory execution recommendation decision case of Daejeon District Court 2007Gau139406, Daejeon District Court 2007, and the Defendant agreed not to enforce compulsory execution on the Plaintiff’s property in the future.
2. Determination
A. On January 2009, the Plaintiff asserted that the Defendant paid KRW 5 million in cash to the Defendant via Nonparty B, his wife, and that payment exceeded the principal and interest of the Plaintiff’s debt following the instant conciliation. As such, the Plaintiff’s debt following the instant conciliation was extinguished.
B. The Plaintiff bears the burden of proving the repayment. The Plaintiff has the burden of proving that the Plaintiff has the burden of proof, and the circumstance is somewhat different, such as the Plaintiff’s transfer of money to the Defendant’s account specified in the instant conciliation to B’s account, and then the Plaintiff again withdraws the money and made the payment in cash to the Defendant. The instant conciliation case also appears to have been a dispute since the Plaintiff and the Defendant did not clearly have any monetary relationship at the time to the extent that the claim was raised, and thus, it appears that there were many disputes, such as receipts, etc., while paying cash.