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(영문) 창원지방법원마산지원 2016.06.09 2016가단465
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Based on the facts, the Korea Deposit Insurance Corporation, Korea Deposit Insurance Corporation, and Korea Deposit Insurance Corporation, filed a lawsuit against the plaintiff against the plaintiff, and on August 29, 2007, the Changwon District Court rendered a judgment that "the defendant (the plaintiff of this case) shall pay to the plaintiff (the bankruptcy trustee of Korea Deposit Insurance Corporation of Korea), the amount of KRW 1,975,342 per annum and 72% per annum from June 27, 2002 to the date of full payment (the Changwon District Court Decision 2007Gaso60810), which became final and conclusive around that time."

Since then, the defendant succeeded to the claim based on the judgment of this case against the plaintiff of the Korea Deposit Insurance Corporation of Korea Deposit Insurance Corporation of the bankrupt corporation.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. The plaintiff asserts that no money has been borrowed from the above bank.

On the other hand, it is against the res judicata effect of the final and conclusive judgment in the previous lawsuit because the plaintiff's claim for a loan against the plaintiff by the bankruptcy trustee of Korea Deposit Insurance Corporation of the bankrupt, the plaintiff's claim for a final and conclusive judgment in favor of the bankrupt company of Korea Deposit Insurance Corporation, does not conflict with the final and conclusive judgment in the previous lawsuit because the subject matter of the lawsuit in the previous lawsuit and the subject matter of the lawsuit in the subsequent lawsuit cannot be logically compatible

Therefore, we cannot accept the plaintiff's above argument.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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