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(영문) 서울중앙지방법원 2020.11.27 2019가단5120902
채무부존재확인
Text

1. As to the deposit details to the Plaintiff’s account under the name of the Plaintiff in the separate sheet, the Plaintiff’s Defendants.

Reasons

1. Part of the claim against the defendant B

A. The grounds for the Plaintiff’s claim are as shown in the annexed sheet.

B. In a lawsuit seeking confirmation of non-existence of a monetary obligation, if the plaintiff, who is the debtor, has asserted to deny the fact that the cause of the obligation occurred by specifying the claim first, the defendant, the creditor, bears the responsibility to prove the facts that

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). Defendant B asserted that the existence of an obligation is uncertain prior to the completion of an investigation into a person who has failed to obtain his/her name, and there is no specific assertion by Defendant B as to the requirement of the right relationship. Therefore, there is no obligation to return the Plaintiff’s deposit to the Plaintiff’s account in the name of the Plaintiff as indicated in the attached list, and as long as Defendant B is disputing this, the benefit of confirmation is recognized.

2. The part of the claim against the defendant C and D

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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