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(영문) 서울중앙지방법원 2015.08.12 2014가단121400
청구이의
Text

1. The Defendant’s payment order (Seoul Central District Court) No. 2012 tea 136000 against Plaintiff A and Plaintiff B.

Reasons

1. Basic facts

A. On June 23, 2004, the Defendant transferred KRW 11 million to the NongHyup Bank account under the Plaintiff’s name, and received a loan certificate from Plaintiff B as to the said money on the same day.

B. On February 24, 2008, the Defendant drafted a written confirmation (the instant written confirmation) stating that “I, on June 23, 2006, confirm that I would immediately waive the loans of KRW 11 million to B, and that I would give up the loans of KRW 11 million,000,000,000,000,000,000,000,000,0

C. On April 30, 2009, the Defendant applied for a payment order against the Plaintiffs for the payment of the above loan amount, and the payment order was finalized around that time by Seoul Central District Court Decision 2009 tea50849 that “the Plaintiffs jointly and severally paid KRW 11 million to the Defendant and the damages for delay.”

In addition, on March 2, 2012, the Defendant applied for a payment order against the Plaintiff on March 2, 2012, and received a payment order from the Seoul Central District Court (Seoul Central District Court 2012 tea13600) that “the Plaintiff would pay KRW 11 million to the Defendant and its delay damages.” The payment order was finalized around that time.

On the other hand, the lawsuit of the defendant and E was concluded against the defendant on September 20, 201, and the lawsuit of the defendant and D was concluded as the withdrawal of appeal on August 24, 2010 after the defendant appealed against the defendant on August 13, 2009.

[Ground of recognition] Facts without dispute, Gap 2, Eul 3-1, 2-2, and Eul 3-1, 2-3-1, 2, and 6 through 8-2, respectively.

2. The parties' assertion

A. The plaintiffs' assertion 1) since the plaintiff Eul was paid KRW 11 million to the plaintiff's account under the name of the plaintiff Eul, there is no claim against the plaintiff Eul. 2) Even though the defendant has a claim against the plaintiff Eul, the defendant, in preparing the letter of confirmation of this case, renounced his claim against the plaintiff Eul, and extinguished his claim against the plaintiff Eul, and therefore, the claim against the plaintiff Eul was extinguished.

(b).

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