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(영문) 수원지방법원성남지원 2017.05.24 2017가단200398
채무부존재확인
Text

1. The part of the claim for the confirmation of the existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Facts of recognition;

A. On June 29, 2009, the Plaintiff entered into a contract to borrow KRW 53,000,000 from the Seoul Capital on December 28, 2009 and at the rate of 3% per month. As to the real estate stated in the separate sheet, the Plaintiff completed the provisional registration of the claim for transfer of ownership (hereinafter “the provisional registration of this case”) to the Defendant on June 29, 2009 by the Suwon District Court Branch Branch of Sungnam Branch of Branch of Branch of Seoul Branch of District Court (hereinafter “instant provisional registration”).

B. The Defendant filed a lawsuit against the Plaintiff, including loans, etc. with Suwon District Court Branch 2012Kadan13872.

In the foregoing case, on June 20, 2012, the aforementioned parties agreed to the mediation that “the Plaintiff shall pay KRW 40 million to the Defendant, and KRW 10 million shall be paid until July 20, 2012, KRW 10 million until August 20, 2012, and KRW 20 million shall be paid until September 20, 2012, and even once the Plaintiff delays the payment, the Plaintiff shall lose the benefit of the deadline and pay the unpaid balance at the rate of KRW 30 per annum from February 28, 2011 to the date of full payment (hereinafter “instant mediation”).

C. According to the instant conciliation, the Plaintiff paid KRW 20 million to the Defendant on July 19, 2012, and KRW 10 million on August 20, 2012, and KRW 20 million on August 20, 2012; KRW 500,000 on December 20, 2012; KRW 500,000 on January 15, 2013; KRW 500,000 on January 25, 2013; KRW 50,000 on April 8, 2013; KRW 300,000 on April 19, 2013; KRW 10,000 on May 24, 2013; and KRW 2.5 million on June 7, 2013.

On July 31, 2013, the Defendant issued a seizure and collection order (hereinafter “instant collection order”) with respect to the Plaintiff’s benefit claim against the Seoul Tourism Marketing Co., Ltd., on July 31, 2013, with the amount claimed as KRW 45,172,460, based on the instant protocol of conciliation with executory force, under the Sungwon District Court Sung-nam Branch (2013TTT10358).

E. According to the collection order of this case, the Defendant received each dividend of Suwon District Court’s Sung-nam Branch’s KRW 10,867,424 (D), October 24, 2014, KRW 6,314,983 (E), KRW 3,814,779 (F), and KRW 4,10,056 (G) on September 18, 2015, based on the collection order of this case.

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