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(영문) 광주지방법원 2015.09.23 2015가단510073
대여금 채무부존재확인의 소 등
Text

1. The Plaintiff’s Defendants amounting to KRW 10,00,000 based on a monetary loan agreement around March 2014, as well as the Plaintiff’s principal.

Reasons

1. Indication of claims: To describe the causes of claims in attached Form and the amended causes of claims as follows;

2. Claim against Defendant 1: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. Claim against Defendant 2: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

4. The obligation to return unjust enrichment as to the dismissed portion is liable for delay from the day following the day when the notice of performance was received as an obligation without setting a deadline. Defendant C received a notice of the performance of the said obligation prior to July 22, 2015, stating the purport of the claim for return of unjust enrichment equivalent to KRW 280,000,000, and there is no evidence suggesting that the said obligation was notified of the performance before July 22, 2015, and in full view of the purport of the entire pleadings, it is recognized that the Defendants’ defense as to the existence or scope of the obligation by September 23, 2015, which is the date of the said judgment.

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