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(영문) 서울중앙지방법원 2017.12.20 2017가단62847
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On September 20, 201, the Plaintiff asserted that on September 20, 201, the Plaintiff lent KRW 50 million to the Defendant and sought payment of the money stated in the claim.

In regard to this, the Defendant: (a) delivered the certificate of loan to the Plaintiff, an investor, who was in office as the representative director of C at the time; and (b) claimed that the Defendant could not respond to the Plaintiff’s request since the Defendant was granted the immunity decision No. 2014,917, Suwon District Court.

2. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 1 of the judgment, the Defendant signed and sealed the loan certificate stating that the Plaintiff borrowed KRW 50 million on September 20, 201 as of October 20, 201, which was due date, and delivered to the Plaintiff on September 20, 201, and ② the Defendant’s personal seal is covered in the “B” column on the end of the loan certificate, and the Defendant’s personal seal is affixed thereon, and the Defendant’s resident registration number and his personal domicile are indicated thereon can be acknowledged. Thus, it is reasonable to deem that the obligation based on the loan certificate as of September 20, 201 is against the Plaintiff.

However, comprehensively taking account of the respective descriptions and the purport of the entire pleadings as to evidence A-3-5, the Defendant’s exemption decision became final and conclusive on April 30, 2015 with the Suwon District Court Decision 2014Da917, Apr. 15, 2015, and the aforementioned exemption decision became final and conclusive on April 30, 2015. Meanwhile, it may be recognized that the claim of this case was not entered in the creditors list of the above exemption procedure creditors, but there is insufficient evidence to acknowledge that the Defendant did not enter the claim of this case in bad faith in the creditors list. However, it is reasonable to deem that the claim of this case was invalidated by the right to file a lawsuit and executory power according to

3. The instant lawsuit is unlawful as there is no benefit in the protection of rights, and thus, it is so decided as per Disposition by the assent of all participating Justices.

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