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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is C's spouse who completed the marriage report with C on June 28, 1997.
B. D around 197, around 1997, operated a book store located in Gwanak-gu in Seoul Special Metropolitan City E and F (hereinafter “instant book store”), and the Plaintiff had a loan claim of KRW 27 million against D.
C. On November 18, 1997, the Defendant’s husband C entered into a contract with D to take over KRW 140,319,750 in total of KRW 63 million for premium and KRW 77,319,750 for premium and KRW 140,319,750 for premium.
C On December 3, 1997, upon the Plaintiff’s acquisition of the Plaintiff’s loan claim against D, it agreed to set off against the Plaintiff’s obligation to pay the remainder of the transfer price of the said book on the part of the Plaintiff’s loan claim amounting to KRW 17 million, out of the Plaintiff’s loan claim amounting to KRW 27 million against D, and on December 4, 1997, the Plaintiff acquired each claim amounting to KRW 10 million from the remainder of KRW 10 million and to pay the amount equivalent to the above credit amount in return (hereinafter “instant agreement”).
Then, the plaintiff notified D of the assignment of the above assignment of claims.
E. On February 28, 1998, C paid to the Plaintiff KRW 500,000,000,000,000 of the acquisition price of the above bonds, and operated the instant book points until June 199.
F. On January 21, 2001, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 98Gadan98500, and was sentenced to the judgment that “C shall pay to the Plaintiff the amount of KRW 26.5 million and the amount calculated by the rate of KRW 25% per annum from April 1, 1998 to the date of full payment.” The Seoul Northern Northern District Court 201Kadan64154, which filed a lawsuit for interruption of extinctive prescription of the said claim and was sentenced to a favorable judgment on July 6, 2012.
【Reasons for Recognition: Facts without dispute, Gap 1, 3, and 4, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the defendant shall take over the instant book points from D along with C in order to compensate for living expenses after marriage with C.