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(영문) 서울서부지방법원 2017.08.29 2016가단235285
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 29, 2003, the Plaintiff asserted that the Plaintiff borrowed KRW 15 million from the Defendant (hereinafter “the instant loan”). To secure this, the Plaintiff transferred KRW 15 million out of the lease deposit claims against C to the Defendant. However, when the principal and interest of the instant loan is repaid, the said assignment of claims becomes null and void.

(hereinafter referred to as "the assignment contract of this case". After that, on April 11, 2007, the plaintiff and the defendant agreed to fully pay the above borrowed amount to the defendant by May 10, 2007 when the plaintiff paid 5 million won to the defendant with respect to the borrowed amount of this case.

(hereinafter “instant agreement”). Accordingly, the Plaintiff paid KRW 5 million to the Defendant, thereby fully repaying the instant loan obligations, and the instant agreement on the assignment of claims is also null and void.

Therefore, I want to confirm that there is no debt owed to the defendant.

2. First of all, as to whether the Defendant agreed to the instant agreement of the Plaintiff’s assertion, and as to whether the Plaintiff’s evidence Nos. 6 (written confirmation) cited as evidence of the relevant alleged fact, there is no evidence to acknowledge the authenticity, and thus, it cannot be used as evidence (as a result of an appraiser D’s written appraisal, the evidence Nos. 6 appears to have been forged according to the purport of the entire pleadings).

In addition, even if all of the evidence presented by the Plaintiff was examined, the Plaintiff fully repaid the principal and interest of the loan of this case to the Defendant.

Accordingly, it is insufficient to recognize that the assignment of claims in this case was null and void.

Rather, the Plaintiff did not pay interest accrued from May 2007, and the Defendant filed a lawsuit against C for the claim for the transfer of the lease deposit claim against C around 2011, and the appellate court rendered a favorable judgment ordering the payment of KRW 15 million and the delayed payment damages, which became final and conclusive by the Supreme Court.

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