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(영문) 인천지방법원 2015.12.24 2015가단200837
청구이의
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 3-1, 2, and 2-3.

The plaintiff is an individual entrepreneur who is engaged in the interior work business, and the defendant is a wooden hole.

B. (1) The plaintiff was obligated to pay a total of KRW 15 million to the defendant who worked at the construction site until August 27, 2004, and the defendant agreed to pay the above KRW 15 million until February 9, 2005. (2) The defendant did not pay the plaintiff the above KRW 15 million until April 28, 2009. The plaintiff filed a lawsuit against the plaintiff claiming damages for delay from February 10, 2005, which is the day following the date of the payment agreement with the above KRW 15 million and the next day of February 10, 2005 (Seoul District Court Decision 2009Da123988). The above court served the plaintiff on May 7, 2009 with the payment rate of KRW 15 million and the payment rate of KRW 15 million until February 15, 200 and the payment rate of KRW 15 million until the 205th day of the above annual payment order.

2. The assertion and its judgment

A. The plaintiff's assertion 1) around April 2009, the plaintiff is the non-party C Co., Ltd. (hereinafter "the non-party C") and the non-party C.

D) The Plaintiff, at the time, was liable for the agreed amount of KRW 15 million against the Defendant, and the Defendant was liable for the repayment of the borrowed amount of KRW 10 million against the Plaintiff. D bears part of the loan amount of KRW 10 million against the Plaintiff. Around that time, the Plaintiff, the Defendant, and the F bears part of the loan amount of KRW 10 million against the Plaintiff. The Plaintiff, the Plaintiff, and the Defendant, and the Defendant, and the Defendant, bear part of the loan amount of KRW 15 million.

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