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(영문) 서울중앙지방법원 2019.04.10 2017가단5072122
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Of the price of goods claimed by the Defendant, the Plaintiff did not request the Plaintiff to place an order with respect to the 20th of the price of goods claimed by the Defendant, and the Defendant received the third party’s letter and delivered the said bicycle to Incheon instead of the Plaintiff’s business area. As such, the Plaintiff did not have the obligation to pay the Defendant the total amount of KRW 42,449,990.

2. In full view of the purport of the evidence No. 9 (written judgment) and the entire pleadings, the Defendant filed a lawsuit against the Plaintiff, etc. seeking payment of the price for the goods including the price for the said goods under the Seoul Central District Court 2017Gahap536307, Nov. 29, 2018, which ordered the Plaintiff to pay the amount including the price for the said goods (the Defendant claimed in the lawsuit above that the price for the said goods was KRW 42,450,000) to the Defendant, and the said judgment can be acknowledged as the fact that it became final and conclusive on January 22, 2019.

As long as the Plaintiff’s non-existence and the obligation already established pursuant to the Seoul Central District Court Decision 2017Gahap536307 is identical to the Defendant, this court is bound to recognize that there exists the Plaintiff’s obligation against the Defendant as of the time of closing argument in the fact-finding proceedings in accordance with the res judicata of the final and conclusive judgment.

Therefore, the plaintiff's assertion that there is no obligation to pay the above goods to the defendant is without merit.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.

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