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(영문) 광주지방법원 2020.08.20 2020가단503543
청구이의
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 April 7, 2016, with respect to the loan case between the Plaintiff and C of Gwangju High Court 2015Na13637, a settlement was established between the Plaintiff and C, stating that “the Plaintiff shall pay C KRW 12 million, but shall be paid KRW 1 million,000,000,000,000,000,000 on the last day of every month from June 2016 to May 12, 2017.”

(hereinafter “instant protocol of conciliation”). (b)

C on January 17, 2020, on the same day, transferred a claim based on the instant protocol of conciliation to the Defendant, and notified the Plaintiff of the assignment on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff alleged that C had the entire claim based on the instant protocol of conciliation through D extinguished through D, but it is insufficient to recognize that D’s testimony alone has satisfied the entire claim based on the instant protocol of conciliation, and there is no evidence to prove otherwise. Therefore, the Plaintiff’s assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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