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(영문) 서울서부지방법원 2015.06.05 2014가단41073
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that from October 7, 2004 to December 13, 2004, 28,920,000 won was remitted and lent to the defendant's account.

In full view of the purport of the entire pleadings in Eul 1 through 13 (including additional numbers), the plaintiff filed a lawsuit against the defendant for loans against the defendant, Seoul Western District Court 2013dan36197. The claim cause of the above case is the sum of KRW 98,800,000 (or KRW 95,920,000) from December 31, 2003 to December 13, 2004. Among them, the plaintiff and the defendant settled accounts on September 27, 2007 and sought a return of KRW 82,450,000 (including notarized promissorysory notes) from September 27, 2007, and the court rejected the above claim for loans to the defendant's account from October 7, 200 to December 13, 204, and it cannot be deemed that the above loan was remitted to the defendant's account, and it cannot be deemed that the plaintiff's above loan was deposited into the defendant's account.

In a case where the existence of a right or legal relation disputed in a lawsuit has already been disputed in a prior suit between the same parties and a final judgment thereon has been rendered, the parties may not make any arguments that conflict with them, and the court may not make any decisions that conflict with them.

(See Supreme Court Decision 92Da3892 delivered on May 22, 1992, etc.), according to the above facts of recognition, whether or not the Plaintiff leased KRW 28,920,00 to the Defendant from October 7, 2004 to December 13, 2004 was already disputed in the above case, and since the judgment rejecting the Plaintiff’s assertion became final and conclusive, the Plaintiff’s claim of this case was without merit.

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