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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff's assertion and judgment party's assertion that the defendant and the plaintiff Eul, the plaintiff, were liable to return KRW 20,000,000,000, from among the deposit money for lease of KRW 120,000,000, which was paid by the plaintiff to the bank in the name of the plaintiff, at the time when the plaintiff acquired 309,204, and 50,000,000, out of the loan of KRW 50,000,000, which was paid to the bank on June 11, 2012, the plaintiff lent to the defendant. Thus, the defendant asserted that the defendant was liable to return KRW 20,00,000, which was subrogated by the plaintiff on behalf of the defendant, as above, 50,000,000, which was borrowed from the plaintiff under the name of the plaintiff as above, and all the above KRW 50,00,000,00 among the marriage life with C.
Judgment
In civil trials, the facts which have been recognized in the related civil cases, even though they are not bound by the facts recognized in the judgments of other civil cases, etc., shall be valuable evidence unless there are special circumstances.
As such, it is the established view of the party members that the rejection can not be made without any reasonable reasoning, and in particular, the two previous and previous civil lawsuits are identical to the other party and are the basis of the dispute, but the same is more true in the case where a new claim can be made as a result of the difference in the subject matter of a lawsuit and does not conflict with
I would like to say.
(1) The Seoul Family Court Decision 2015Ma3447 (Counterclaim) rendered on November 6, 2015 with respect to the same factual relations as the instant lawsuit between C and the Defendant, i.e., the Plaintiff and the Defendant (see, e., Supreme Court Decision 2007Da36445, Dec. 12, 2008). The Seoul Family Court Decision 2015Ma947 (Counterclaim) was rendered on November 6, 2015, and the said judgment became final and conclusive around that time. The Seoul Family Court Decision, supra, and the Defendant paid KRW 50,000,000, out of the deposit amount of KRW 120,000,000, which was paid at the time of the Plaintiff’s new divorce 309 Dong-gu, Seoul.