logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.03 2014가단177755
채무부존재확인
Text

1. The Plaintiff’s damages claim against the Defendant on October 27, 2010, including the Gwangju District Court 2010Kadan40425.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1, 2, and 3 as to the cause of the Plaintiff’s claim, the Gwangju District Court rendered a ruling to recommend reconciliation that “the Plaintiff shall pay 27 million won to the Defendant until December 31, 2010, and if the Plaintiff does not pay it, by adding interest in arrears calculated at 20% per annum from the date of full payment until the date of full payment.” The above ruling became final and conclusive, the Plaintiff shall be KRW 500,000,000 on July 19, 2012; the Plaintiff shall be KRW 17 million on February 18, 2013; and the same year.

5. 6. 160,000 won, 29.11 million won, and the same year.

6. The fact that the Plaintiff paid KRW 10 million on June 21, 201, and on June 21, 2013, the Plaintiff may recognize the fact that the Plaintiff received a full payment certificate (Evidence 2-1 of the Evidence No. 2, and the following certificate of full payment) from the Defendant, stating that “The remainder of the damages for delay, as the principal of the debt and the damages for delay, have been repaid in part, shall be waived by the obligee

According to the above facts of recognition, it is reasonable to view that the Plaintiff and the Defendant agreed on June 21, 2013 that the Defendant would terminate the obligation with the amount received by the Defendant up to the time by issuing the Plaintiff the certificate of full payment of the claims pursuant to the above recommending settlement.

2. On June 21, 2013, the Defendant rendered a judgment on the Defendant’s assertion that the Plaintiff paid KRW 13 million to the Plaintiff, and issued a certificate of full payment of the instant case. However, the Plaintiff paid KRW 10 million on June 21, 2013, and the Plaintiff did not transfer KRW 3 million on the 24th of the same month, and thus, the instant certificate of full payment became null and void. As such, the Plaintiff’s payment of the instant certificate of full payment became null and void, the Plaintiff’s exemption from the Defendant at the time of issuing the certificate of full payment of the instant case from June 21, 2013 to June 21, 20

9. 24 up to 24. 20,070, a sum of KRW 6,404,728,000,000.

The Defendant recognized the fact that the Defendant issued the certificate of this case in full, and according to the statement of the certificate of full payment in this case, the Defendant.

arrow