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(영문) 창원지방법원 2019.02.20 2018가단9244
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion: The grounds for the claim are as shown in attached Form;

2. In full view of the arguments stated in Gap evidence Nos. 2, Eul evidence Nos. 7 and 8, the court below rendered a judgment in favor of the defendant that the plaintiff is jointly and severally liable to pay 14,673,963 won and delay damages to the defendant in the Ulsan District Court 9Da13507 claim against the plaintiff et al., which the defendant filed against the plaintiff et al., and recognized the facts that the judgment became final and conclusive around that time.

Therefore, in the instant lawsuit seeking confirmation of non-existence of the relevant judgment debt on the ground that the Plaintiff had a reason before the date of closing argument in the fact-finding court ( July 22, 1999) (the Plaintiff did not actually act as a joint and several sureties with respect to the claim against the Defendant of the network D, and the documents related to joint and several sureties submitted to the Defendant at the time was forged or altered, etc.), the said judgment debt exists as of the time of closing argument by res judicata of the said final and conclusive judgment.

(See Supreme Court Decision 9Da8037 delivered on September 9, 1994. 3. Thus, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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