(영문) 대구지방법원 2014.10.17 2014가단25617

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(영문) 대구지방법원 2014.10.17 2014가단25617

대여금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. On October 27, 2007, the Plaintiff lent KRW 25 million to the Defendant’s mother C under the name of the deposit for lease. At the time, C promised to pay the said money until August 28, 2009, when the deposit period expires.

B. C died without paying the above money by the agreed date, and the Defendant inherited C’s entire property.

C. Therefore, the Defendant, who is the inheritor of C, is obligated to pay the Plaintiff the above loan amounting to KRW 25 million and damages for delay.

2. Determination on the legitimacy of a lawsuit

A. The plaintiff and the defendant agreed to bring an action that the plaintiff would not make a civil claim against the defendant as a matter related to the network C, and the defendant asserts to the purport that the lawsuit in this case is unlawful since it violated the above agreement to bring an action against the defendant.

B. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 3, it is recognized that conciliation has been completed between the Plaintiff and the Defendant on October 15, 2013 in the case of loans No. 201598 (the Plaintiff’s loan to the network C between June 2006 and March 2009) brought by the Plaintiff against the Defendant (the case seeking payment of KRW 150,248,000 that the Plaintiff lent to the network C).

According to the above facts of recognition, the plaintiff and the defendant can be deemed to have agreed to file a lawsuit in order to settle a dispute between the plaintiff and the defendant related to the network C, and the above agreement also extends to the case where the plaintiff sought the payment of the loan to the deceased C to the defendant who is his heir.

Therefore, the Plaintiff’s lawsuit of this case is unlawful as it is against the above Collegiate Agreement.

C. On this issue, the Plaintiff asserted to the effect that the above mediation is null and void since it did not agree with the Defendant in the above loan case.

유사 판례

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