대여금
1. The quasi-examination of the defendant (quasi-examination plaintiff) shall be dismissed;
2...
1. The following facts, which are the subject of quasi-examination, are apparent in the records:
The Plaintiff filed a payment order against the Defendants (Quasi-Review Plaintiff and Quasi-Review Defendant) to the effect that “the Defendants jointly and severally pay KRW 50 million and delay damages therefrom” was paid by the Daejeon District Court of Hongsung Branch Branch of Budget Division 2015j210, and the said Defendants filed an objection against the said payment order.
B. Accordingly, the instant case was transferred to Daejeon District Court as Hongsung Branch 2015Kadan7855, and on August 26, 2015, a letter of appointment of the party to whom Defendant C was appointed was submitted to the said court.
After that, on September 9, 2015, between the Plaintiff and the Defendant (Appointed Party) C, voluntary mediation was established as follows, and the protocol subject to quasi-deliberation was prepared.
(1) Defendant (Appointed Party) C, Appointed B, and D shall jointly and severally pay to the Plaintiff KRW 15 million until September 23, 2015.
B and D shall be jointly and severally paid to the Plaintiff KRW 30 million, which shall be paid in installments from November 20, 2015 to the day of full payment. < Amended by Presidential Decree No. 26804, Nov. 20, 2015>
【Defendant (Appointed Party) C, Appointed B, and D shall, even once the said installment payment is made, lose the benefit of the time and pay the remainder to the Plaintiff at once, and shall pay the remainder to the Plaintiff in addition to the delay damages calculated at the rate of 20% per annum from the day after the loss of the benefit of time to the day of full payment.
x) waive the remainder of the plaintiff's claims.
(v)the costs of the lawsuit and the conciliation costs shall be borne by each person.
2. In light of the above, the part of the quasi-examination suit against the defendant ( quasi-examination defendant) should be revoked in light of the judgment on the legitimacy of the quasi-examination suit, and the purport of the claim for quasi-examination by the defendant (quasi-examination plaintiff).
Even by the entry in the quasi-examination protocol, the purport that the defendant (quasi-examination plaintiff) shall pay money to the defendant (quasi-examination defendant) is that it should be paid.