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(영문) 서울중앙지방법원 2018.05.14 2017나59705
채무부존재확인
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The plaintiffs are married couple, and the plaintiff A and the defendant are the motive of elementary school.

D is the mother of the plaintiff A, and E are the mother of the defendant, which became known to each other as parents.

B. E filed a lawsuit seeking the return of loan under the Seoul District Court Decision 2002Gadan28928 on November 1, 2000 against D on the ground that it lent KRW 70 million to D on November 1, 2000, and received a favorable judgment from the above court on February 11, 2003, and the above judgment became final and conclusive on March 13, 2003.

C. As to the case in which the defendant filed a complaint against the defendant by the plaintiff Gap, which caused the plaintiff Eul to recover money from the hospital operated by the plaintiff Eul and caused interference with the business by preventing the patient from providing medical treatment. As to the obstruction of business on November 30, 2006 at the Seoul Central District Prosecutors' Office, the defendant was unable to receive the payment of the amount of KRW 70 million, and the defendant was found to find the plaintiff Eul hospital to receive the payment, and the defendant was found to have taken into account the motive, such as the fact that the defendant was found to find the plaintiff Eul hospital to receive the payment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 9, Eul evidence No. 11 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The summary of the plaintiffs' assertion does not have borrowed KRW 70 million from the defendant around 1998, and there is no agreement that the plaintiffs Eul or the plaintiffs agreed to jointly take over the plaintiff Eul's obligation or the defendant's obligation to D's obligation. Thus, there is no amount of KRW 80 million for the plaintiff Eul's obligation to the defendant based on the joint assumption of obligation with respect to the plaintiff Eul's obligation, or 80 million for the plaintiffs' obligation to the defendant based on the joint assumption of obligation with respect to the defendant's obligation with respect to the above obligation, or the joint assumption of obligation with respect to D's obligation with respect to the above obligation.

B. On the grounds delineated below, the Plaintiffs bear the Defendant’s liability of KRW 80 million.

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