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(영문) 서울남부지방법원 2019.08.13 2018가단246471
대여금
Text

1. The plaintiff's action against the primary defendant B shall be dismissed.

2. Preliminary Defendant C: KRW 43,000,000 and also KRW 43,00.

Reasons

1. The Plaintiff filed the instant lawsuit against the said Defendant, asserting that the said Defendant should pay the remainder of KRW 47 million, on January 8, 2016, KRW 20 million, KRW 20 million on February 11, 2016, KRW 10 million on March 24, 2016, KRW 500,000 on March 31, 2016, KRW 60 million on April 26, 2016, and KRW 5 million on April 26, 2016, KRW 17,000 from the said Defendant. Therefore, the said Defendant filed the instant lawsuit, claiming that the Plaintiff should pay the remainder of KRW 47 million.

As to this, the above defendant asserts to the effect that the plaintiff and the above defendant agreed to bring an action with respect to the above 60 million won.

In the event that there is an agreement not to file a lawsuit even if there is a dispute over a specific right or legal relationship, there is no benefit in the protection of rights (see, e.g., Supreme Court Decision 2011Da80449, Nov. 28, 2013). In full view of the purport of the entire pleadings in the statement No. A. 2013, Apr. 25, 2017, the Plaintiff prepared to the above Defendant via the above Defendant, on April 25, 2016, a written statement stating, “I will not raise a civil or criminal objection against the Defendant,” stating, “I will not raise a civil or criminal objection against the instant case,” and it is reasonable to deem that the part of the written statement as above constitutes a non-litigation agreement.

As to this, the Plaintiff asserts to the effect that each of the above notes was made up by confinement, intimidation, etc. of Defendant B, and that it was null and void, or that it was made up by coercion, etc., but it is not sufficient to recognize that the above notes were made up by confinement, intimidation, etc. of the above Defendant solely on the basis of each of the evidence Nos. 6 and 7, and there is no other evidence to

In addition, the plaintiff is receiving the present letter through D (in-depth).

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