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(영문) 서울서부지방법원 2017.06.02 2017가단721
약속어음금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Determination as to the principal lawsuit

A. The Defendant alleged as the cause of the principal claim agreed to pay the Plaintiff money by August 20, 2016, when issuing a promissory note causing 50,000 won in face value to the Plaintiff.

B. The Plaintiff’s above assertion is insufficient to acknowledge the fact that the Defendant promised to pay KRW 50,00 to the Plaintiff solely on the basis of the Plaintiff’s statement of No. 1 (a copy of the Promissory Notes) that seems consistent with the Plaintiff’s above assertion, and there is no other evidence to acknowledge the same.

C. Accordingly, the remaining points are not examined and the Plaintiff’s assertion as to the cause of the principal claim is rejected.

2. Judgment on the counterclaim

A. If the Plaintiff received KRW 16 million from the Defendant while taking advantage of the Plaintiff’s assertion that the cause of the counterclaim was an attorney-at-law’s appointment, etc., the Plaintiff did not use the said money for the purpose of promising the payment, and made unjust enrichment as much as the said money.

B. Although there is no dispute between the parties that the Plaintiff received KRW 16 million from the Defendant, the fact that the Plaintiff received KRW 16 million from the Defendant is insufficient to recognize the fact that the Plaintiff used KRW 16 million from the Defendant differently from the Defendant’s promise, and there is no other evidence to acknowledge this fact.

C. As a result, we cannot accept the Defendant’s counterclaim claim.

3. In conclusion, all the claims of the plaintiff and the defendant against the plaintiff and the defendant are dismissed. It is so decided as per Disposition.

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