(영문) 서울남부지방법원 2020.01.14 2019가단14749

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(영문) 서울남부지방법원 2020.01.14 2019가단14749

채무부존재확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 24, 2013, the Plaintiff prepared and issued to the Defendant a certificate of borrowing that the Plaintiff borrowed money from around 2008 to around 2013 and repaid money from time to time, and that the Defendant would repay the borrowed amount to KRW 61,501,00 on April 24, 2013 for two years from April 24, 2013.

B. The Plaintiff filed a lawsuit against the Defendant for the return of unjust enrichment of an amount equivalent to KRW 57,492,766, which was claimed by the Seoul Southern District Court 2014Da20541, and the Defendant filed a counterclaim against the Plaintiff for the payment of KRW 61,501,00 based on the loan certificate. On December 15, 2015, the said court dismissed the Plaintiff’s principal claim against the Plaintiff on December 15, 2015, and partly accepted the Defendant’s counterclaim, and “the Plaintiff shall pay to the Defendant KRW 61,501,00,000, and the amount thereof shall be KRW 20% per annum from April 24, 2015 to September 30, 2015, and KRW 15% per annum from the next day to the day of full payment” (hereinafter “instant judgment”).

On June 23, 2016, the Plaintiff’s appeal was dismissed (Seoul Southern District Court 2016Na108, 2016Na116, Counterclaim), and on October 27, 2016, the Plaintiff’s appeal was dismissed (Supreme Court 2016Da34014, 2016Da34021, Counterclaim).

C. The Plaintiff filed a claim against the Defendant to verify that the above loan certificate was invalid, as Seoul Southern District Court 2019Kadan696, and was written by the Defendant’s deception. However, on July 25, 2019, the judgment of retirement was finalized around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, Eul evidence Nos. 1 to 6, the purport of the whole pleadings

2. The fact that the defendant received the judgment of this case against the plaintiff is as seen earlier, and as long as the plaintiff's non-existence and the obligation the plaintiff bears to the defendant according to the judgment of this case are the same, this court shall render the above final judgment in accordance with the res judicata of the final judgment.

유사 판례

-서울남부지방법원 2020.01.14 2019가단14749

-서울남부지방법원 2016.01.14 2015나8020

-서울남부지방법원 2014.10.30 2014나8542

-서울남부지방법원 2016.09.23 2016재나38

-서울중앙지방법원 2021.02.03 2020가합580144