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(영문) 울산지방법원 2020.08.11 2019가단108885
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. The Plaintiff and the Defendant reported marriage on April 7, 201.

B. The Plaintiff filed an application for divorce with the Defendant around May 2014.

C. On June 18, 2014, the Plaintiff issued to the Defendant a loan certificate of KRW 50,000,000 and due date for payment as of June 17, 2015 (hereinafter “the instant loan certificate”). D.

On August 14, 2014, the Plaintiff and the Defendant reported divorce.

E. On September 17, 2014, the Plaintiff paid a total of KRW 20,00,000 to the Defendant twice on two occasions on October 31 of the same year.

F. On September 26, 2017, the Defendant filed a lawsuit against the Plaintiff on the ground of the instant loan certificate (2017da15750) with this court. In the litigation procedure of the instant case, the service on the Plaintiff was served by public notice.

G. On February 8, 2018, this Court rendered a ruling to the effect that “the Plaintiff shall pay to the Defendant 50 million won and the interest rate of 15% per annum from December 6, 2017 to the date of full payment” in this Court’s loan loan 2017Da15750, which became final and conclusive February 24, 2018.

(hereinafter referred to as this case’s final judgment).

The Defendant filed an application for the seizure and collection order with the Plaintiff as the obligor and the third obligor, by using the final judgment amount of this case as the claim claim amount under Daegu District Court Kimcheon-gu 2018TT 4055, and the said court rendered a ruling citing the Defendant’s application on November 19, 2018.

I. On April 26, 2019, the Plaintiff appealed against the instant final judgment, but withdrawn the appeal on April 21, 2020.

[Grounds for Recognition] Facts, absence of dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion ① entered into an agreement to pay the division of property and consolation money due to divorce, not the amount of the instant loan, and the (b) the Defendant was unaware of the fact that he committed an unlawful act during his marital life.

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