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(영문) 수원지방법원 2019.08.14 2017가합10957
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

On February 14, 2007, the Plaintiff filed a payment order with the Cheongju District Court 2007Ka106, the Cheongju District Court 2007Ka106, which issued a payment order with the Defendant (Appointed Party) on July 11, 2018. The Cheongju District Court rendered a judgment dismissing the Plaintiff’s claim (2018Kahap275), and the Plaintiff appealed and continues the appellate trial.

Under this premise, the deceased F’s heir C and the appointed parties seeking the payment of the amount corresponding to the shares of inheritance to the Defendant (appointed parties) and the designated parties, and seeking the revocation of fraudulent act and its restitution by using the preserved claim as the preserved claim. However, the evidence submitted by the Plaintiff alone is insufficient to recognize the existence of the above agreed amount claim, and there is no other evidence to acknowledge the existence of the Plaintiff’s claim against the deceased F.

Ultimately, as long as the existence of the Plaintiff’s claim against the net F cannot be recognized, the remainder of the Plaintiff’s assertion premised on this premise is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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