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(영문) 전주지방법원군산지원 2020.02.18 2019가단4798
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 7, 1996, the Plaintiff drafted and issued to the Defendant a payment note stating that “The 51,584,168 won of the unpaid bill shall be attached by submitting the documents in this lawsuit as a three-month period, and the remainder shall be adjusted by not later than May 15 at present” (hereinafter “instant payment note”).

B. On June 4, 2008, the defendant filed a lawsuit against the plaintiff for the agreed amount claim under the Jeonju District Court 2008Kadan158, pursuant to the letter of payment in this case, and was sentenced by the above court on June 4, 2008 that "the plaintiff shall pay to the defendant 51,584,168 won and the amount calculated by the rate of 25% per annum from October 25, 1997 to February 18, 2008, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

On May 10, 2018, before the expiration of the extinctive prescription period, the Defendant filed a lawsuit for the agreed amount claim against the Plaintiff again on May 10, 2018, with the Jeonju District Court Branching 2018Da3859, Nov. 29, 2018, the Defendant was sentenced to the judgment that “the Plaintiff shall pay to the Defendant 51,584,168 won and its interest rate of 25% per annum from October 25, 197 to February 18, 2008; 20% per annum from the next day to June 21, 2018; and 15% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.

The "each previous judgment of this case" is "each previous lawsuit of this case" and the "each previous lawsuit of this case" is "each previous lawsuit of this case".

(ii) [In the absence of dispute over the grounds for recognition, entry in Gap's 1, 2, Eul's 1, 3, and 4, and the purport of the whole pleadings;

2. The purport of the Plaintiff’s assertion is that the Plaintiff did not prepare and apply to the Defendant.

The Plaintiff was unable to be served with the documents of lawsuit and was unable to appear on the date of pleading because his residence was not fixed due to poor business conditions during the process of each previous lawsuit in this case.

The letter of payment in this case is written.

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