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(영문) 부산지방법원 2018.11.22 2018가단16702
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

According to the purport of Gap evidence Nos. 12 and 13 (Evidence No. 1) and the entire arguments, the defendant (the defendant of this case; hereinafter the same shall apply) filed a lawsuit claiming the repayment of the loan of this case against the plaintiff (the plaintiff of this case; hereinafter the same shall apply) as Seoul Southern District Court 2016Kadan237701, and on March 28, 2017, the court rejected the plaintiff's assertion that "the plaintiff has no reason to repay the loan of this case because he/she lends the name of the loan to the plaintiff of this case" and "the plaintiff shall pay to the defendant of 26,343,917 won and 25,606,959 won with the rate of 29% per annum from August 27, 2016 to the date of complete payment, and it is recognized that the plaintiff's appeal was dismissed on August 1, 2017."

However, in the lawsuit of this case where the plaintiff asserted that the loan of this case is null and void and that there is no obligation to repay the loan of this case, the court of this case is bound to recognize the existence of the obligation to repay the loan of this case at the time of closing argument in the fact-finding court in accordance with res judicata of the above final and conclusive judgment (see Supreme Court Decision 94Da8037, Sept. 9, 1994).

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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