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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a loan claim lawsuit with C Co., Ltd. (hereinafter “C”) and D (Seoul Central District Court 2013da83280), and on September 25, 2013, the Seoul Central District Court rendered a judgment (hereinafter “instant judgment”) that “C and D jointly and severally pay to the Plaintiff the amount of KRW 100 million per annum from February 21, 201 to July 18, 2013, and the amount of money calculated at the rate of 20% per annum from the next day to the day of full payment” (hereinafter “instant judgment”).
And the judgment of this case became final and conclusive around that time.
B. On January 6, 2013, the Plaintiff prepared a written confirmation with the Defendant with the following content (hereinafter “instant written confirmation”).
The loan term shall be three months in borrowing the above sum of 0 million won, and shall be agreed to pay the full amount by April 9, 2013 and to pay two million won per month.
At the time of delay in the payment of the price, it is confirmed that the price of aggregate should be immediately transferred between the two North Koreas moving from the main, i.e., comprehensive construction for interesting and transportation costs. On January 6, 2013, B No. EF No. Ha [founded Grounds for Recognition] is without dispute, and Gap evidence Nos. 1 through 3 (including serial numbers; hereinafter the same shall apply) is included.
2. The assertion and judgment
A. On January 6, 2014, D, the actual representative director of the Defendant’s assertion, decided to accept KRW 50 million out of the judgment amount debt of this case to the Plaintiff, and prepared and issued the instant confirmation document.
Therefore, the defendant is obligated to pay to the plaintiff the amount stated in the claim.
B. Where the parties to the judgment prepare in writing a certain content of the contract as a disposal document, if the objective meaning of the text is clear, the existence and content of the declaration of intent should be recognized as stated in the text, barring special circumstances.
(See Supreme Court Decision 2004Da67264, 67271, May 13, 2005, etc.). The Defendant acquired the instant judgment payment obligation with the instant confirmation document.