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(영문) 인천지방법원부천지원 2017.06.14 2017가단478
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On May 28, 2009, the Incheon District Court rendered a judgment citing the Plaintiff’s claim seeking payment of KRW 30,000,000 against the Plaintiff’s C and damages for delay on the loan claim claim No. 42289, May 28, 2009, and around that time, the Plaintiff was served with the certified copy of the above judgment with executory power of 2008Gadan42289, but was not paid from C.

B. The defendant ordered the execution of the above original copy of the judgment, such as provisional attachment of the real estate owned C, with the title of execution, and the plaintiff paid money under the title of commission to the defendant, but the defendant did not perform the above duties properly.

Accordingly, the Plaintiff resisted the above circumstances to the Defendant and D.

C. On March 23, 2011, the Plaintiff and the Defendant and D agreed to refer to 1,50,000,000 won, Defendant and D, and the Plaintiff as follows. The Plaintiff paid and agreed to pay the above amount to B, and agreed to do so. The Plaintiff permanently held all pictures, etc. stored in the simultaneous Handphones that receive the above amount. The Plaintiff signed an agreement to the Defendant and D that “after all the civil and criminal responsibilities shall not be held by each other.”

[Ground of recognition] Facts without dispute between the parties, Gap evidence 1, 2, Gap evidence 5, 6, Gap evidence 13, 15, Eul evidence 2, the purport of the whole pleadings

2. The Plaintiff is seeking payment of 2,300,000 won, excluding the returned money, paid to the Defendant, and 30,000,000 won, which was not paid by the Defendant’s act.

However, in full view of the developments leading up to and the text of the instant agreement, which can be recognized by the overall purport of each of the evidence and arguments as seen earlier, the Plaintiff is expected to receive KRW 1,500,000 from the Defendant and D and to have agreed not to hold the Defendant liable for the future civil and criminal liability, and thus, the Plaintiff is sought.

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