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(영문) 인천지방법원 2017.12.21 2017나55254
대여금반환청구의 소
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance is revoked, and the plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The grounds for this part of the underlying facts are as stated in paragraph (1) of the grounds of the judgment of the first instance, except for the deletion of the part as described in subparagraph 1-C, Paragraph (d) of the grounds of the judgment of the first instance, and deletion of “Evidence A No. 4, 5, 7, and 8” and addition of “Evidence B 9” in the part as the grounds for recognition

2. Determination on the main claim

A. The key issue was that the Plaintiff lent KRW 250 million to the Defendant on March 13, 2012, and that the original Defendant agreed to settle the transaction price by offsetting the Plaintiff’s loan claims, the Crereat Compensation Claim and the Defendant’s and the Non-Party Company’s claim for the price of goods pursuant to Article 15 and Article 8 of the Creat Settlement Agreement.

The Plaintiff claimed for the payment of KRW 2,072,129 as compensation for the Crecilty for the goods supplied on September 2013. The Defendant asserted that the amount of the goods supplied after the loan reaches KRW 236,681,085, and thus, the determination of whether to recognize the compensation for Crecilty and the amount of the goods supplied by the Defendant is made.

B. Comprehensively taking account of the overall purport of the pleadings as to whether to grant compensation for Crerecilty Nos. 9 and 10: ① On September 26, 2013, the Plaintiff cooperates with the Defendant on September 26, 2013 in order to ensure that “The current status of Crecilation that occurred and was compiled on September 2013, and that there is any objection to the details of Crecilation in writing until September 12, 2013, the Defendant sent written notice to the Defendant on September 27, 2013, and without any reply within the due date (XM 61927201A 554 length poor, XM 670,975 won, XM 6192720A 202720200A 133 length, 2072,1290 won, see the Defendant’s application of Crecilation to the Plaintiff on the same quantity of Crecil.”

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