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(영문) 대구지방법원의성지원 2019.01.30 2018가단1188
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Eul evidence Nos. 1 and 3 (including branch numbers where there are serial numbers), the defendant filed a lawsuit seeking the return of KRW 30 million and damages for delay paid to the plaintiff with the Daegu District Court Sung Branch of 2018Gada1413, and the above court on March 22, 2018, the above court acknowledged the fact that "the plaintiff shall pay KRW 30 million up to April 30, 2018. If the plaintiff delays the payment of the above money, the court shall pay the unpaid amount by adding the damages for delay calculated at the rate of 15% per annum from the date following the due date of payment to the date of full payment (hereinafter referred to as "decision on recommending settlement of this case")." It is acknowledged that the ruling on recommending settlement of this case became final and conclusive on April 10, 2018 because all of the parties do not raise any objection.

2. Since a final and conclusive judgment in favor of the final and conclusive judgment regarding the legitimacy of the lawsuit in this case has res judicata effect, where the party who received the final and conclusive judgment in favor of the other party in the previous lawsuit re-appeals the same claim against the other party in the previous lawsuit, the subsequent lawsuit is unlawful as

(See Supreme Court Decision 2005Da74764 Decided April 14, 2006 (see Supreme Court Decision 2005Da74764, Apr. 14, 2006). On the other hand, if there is no objection as to the decision of recommending a compromise within the prescribed period, the decision of recommending a compromise has the same effect as that of a judicial compromise (Article 231 of the Civil Procedure Act). Since a judicial compromise has the same effect as that of a final and conclusive judgment and has the same effect as that of a final and conclusive judgment, if a compromise is made, the relationship of rights and obligations based on the previous legal relationship is extinguished and a new legal relationship arising from such judicial compromise is formed effective (see, e.g., Supreme Court Decision 2005Da4280, Feb. 1, 2008). A lawsuit seeking the return of the amount of KRW 30 million paid by the Defendant to the Plaintiff and the damages for delay against the Plaintiff.

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