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(영문) 서울고등법원 2019.05.10 2018나2046569
채무부존재확인
Text

1. Of the instant lawsuit, the part against Plaintiff C regarding the instant lawsuit was terminated on August 4, 2018 with the intention of the appeal period.

2...

Reasons

1. Termination of part of the instant lawsuit against Plaintiff C

A. Plaintiff A and B filed a lawsuit against the Defendant for the refusal of compulsory execution based on the instant notarial deed, respectively, in the Suwon District Court’s Ansan Branch 2017Gahap1049, and Plaintiff C filed a lawsuit for the refusal of compulsory execution on July 12, 2018, respectively. The first instance court joined the said two cases, and sentenced the first instance court to all dismiss the Plaintiffs’ claims on July 12, 2018.

B. As to this, Plaintiff A and B appealed, but Plaintiff C did not file an appeal within the lawful period of appeal even after receiving the judgment of the first instance on July 20, 2018. As such, among the judgment of the first instance, the part against Plaintiff C in the case of Suwon District Court, namely, the part against Plaintiff C, which was separate and finalized on August 4, 2018, with the limit of the appeal period.

C. However, the Suwon District Court, the legal cause of the instant lawsuit, which was the first instance court, did not deal with the instant 2017Gahap9760, which became final and conclusive due to mistake, and sent all the two cases joined this court, the appellate court. Accordingly, the instant court continued not only the instant 2018Na2046569 case against Plaintiff A and B, but also the instant 2018Na20465766 against Plaintiff C.

However, the part of the instant lawsuit against Plaintiff C, i.e., the part of the instant case, 2018Na2046576 (Joint) shall be deemed to have been terminated as it became final and conclusive separately from the map of the appeal period on August 4, 2018.

2. Determination as to the plaintiff A and B's claims

A. Under the second of the judgment of the court of first instance, the facts and the summary of the parties’ assertion, the following: “The Plaintiff C prepared the confirmation of facts and the letter of payment confirmation (hereinafter “instant letter”) with the Defendant on January 19, 2015; and the G Co., Ltd., the representative director of which is the Plaintiff C, Plaintiff A, and Plaintiff A, and the representative director of the Plaintiff, shall prepare a confirmation of facts and a written confirmation of payment (hereinafter “instant letter”) with the Defendant on January 19, 2015.

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