(영문) 서울중앙지방법원 2016.08.19 2015가단196838

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.08.19 2015가단196838

청구이의

Text

1. The defendant's decision on the loan case against the plaintiff is based on the court's decision on January 26, 2006.

Reasons

1. Basic facts

A. 1) On January 26, 2006, Nonparty B filed a lawsuit against the Plaintiff seeking the payment of loans by this Court No. 2005 Ghana198964, and Nonparty B filed a judgment with the effect that “the Plaintiff shall pay B the amount calculated at the rate of KRW 10 million and the interest rate of KRW 20% per annum from November 26, 2005 to the date of full payment” (hereinafter “instant judgment”).

The judgment of this case was finalized on December 19, 2014. 2) B transferred to the Defendant the claim based on the judgment of this case (hereinafter “the claim of this case”).

B. Agreement 1 between the parties) The Plaintiff and the Defendant on May 21, 2015 (hereinafter referred to as the “instant agreement”) stating that “The debtor immediately pays KRW 6 million to the creditor on May 21, 2015, and pays KRW 20 million to the creditor on August 30, 2015, and the obligation between the parties is terminated, and the compulsory execution of movable property currently in progress shall be withdrawn on May 22, 2015. In addition, the creditor shall not be held liable for any more civil and criminal liability to the debtor” (hereinafter referred to as the “instant agreement”), and the agreement “the instant agreement” is referred to as the “instant agreement.

2) The Plaintiff paid KRW 6 million to the Defendant on the same day, and thereafter paid KRW 500,000 to the Defendant on June 30, 2015, KRW 1 million on October 9, 2015, and KRW 500,000 on November 24, 2015.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 3-5, the purport of the whole pleadings]

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the defendant agreed in this case with the plaintiff to receive only eight million won out of the claim of this case and to exempt the remainder from the obligation. Accordingly, the plaintiff repaid the defendant the total amount of eight million won. Thus, all of the claim of this case was extinguished.

Therefore, compulsory execution based on the judgment of this case should be rejected.

B. As to the judgment of the defendant's assertion, the defendant is not paid two million won after the plaintiff received the agreement of this case from the defendant.

유사 판례

-부산지방법원동부지원 2019.08.13 2018가단13907

-광주지방법원 2018.05.17 2018가합50869

-수원지방법원 2016.11.09 2015가단50626

-서울남부지방법원 2018.04.06 2017가단9262

-서울남부지방법원 2016.03.31 2015가단52996