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(영문) 광주지방법원 순천지원 광양시법원 2017.03.24 2016가단33
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 22, 2016, the Defendant received a payment order (hereinafter “instant payment order”) from the Plaintiff to the effect that “the obligor (the Plaintiff in this case) shall pay to the obligee (the Defendant in this case) 8,190,200 won with 15% interest per annum from the next day of the delivery of the original copy of the instant payment order to the day of full payment.” The Defendant received the payment order (hereinafter “instant payment order”). The fact that the instant payment order became final and conclusive on September 13, 2016 does not conflict between the parties, or is recognized by the statement in the evidence No. 1.

2. On December 16, 2015, the Plaintiff prepared a deed of commitment (Evidence A2) with the Defendant, and agreed to the effect that “if the Plaintiff pays 35 million won to the Defendant by December 16, 2015, the Plaintiff and the Defendant would extinguish all of the claims and obligations between the Plaintiff and the Defendant,” and accordingly, the Plaintiff paid KRW 35 million to the Defendant under the name of the Plaintiff’s spouse, and thus, the Defendant’s claim for reimbursement against the Plaintiff was also extinguished.

In light of the language and text of the deed of promise (Evidence A) and so forth, it is difficult to view the content of the deed of promise prepared between the Plaintiff and the Defendant as including the claim for reimbursement regarding personnel expenses paid by the Defendant on behalf of the Plaintiff (in addition, it appears only to the settlement of the loan claims between the Plaintiff and the Defendant) and there is no other evidence to acknowledge it.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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