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(영문) 대전지방법원 2018.04.13 2017나7024

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 30, 2014, the instant protocol of mediation was prepared and concluded between the Plaintiff and the Defendant in Daejeon District Court 2014 money110001 (2014Gadan224049).

(hereinafter referred to as “instant conciliation”). 1. The Defendant (referring to the Plaintiff A) paid KRW 14,00,000 to the Plaintiff (referring to the Plaintiff B of this case) in installments, and shall be paid KRW 3,500,000 as of the end of each month from January to April 2015 by means of remitting the amount to the Plaintiff’s account (national bank D and deposit holders). If the payment of the said installment is delayed, the Defendant shall lose the benefit of the installment and due date, and the Defendant shall pay the unpaid amount in lump sum at one time, and the unpaid amount shall be paid in addition to the damages for delay at the rate of 20% per annum from the day following the date of the loss of due interest to the unpaid amount to the date of full payment.

2. The Defendant confirms that a notary public does not have any obligation against the Plaintiff against the Defendant on the basis of the No. 2827, Dec. 2, 2013, No. 2013, No. 2012, No. 2010, Nov. 14, 2012, the document drawn up by the Daejeon General Law Firm, No. 2013, Nov. 14, 2012, and the document set up by the Monetary Loan Agreement No. 2

3. The Plaintiff shall withdraw the application of the Daejeon District Court 2014Kadan51065 for the provisional seizure of real estate at the same time with the payment of the money set forth in paragraph (1) from the Defendant, and the execution thereof shall be rescinded.

4. The plaintiff waives the remaining claims.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

B. On January 31, 2015, which is the first installment repayment date under the instant protocol, the Plaintiff delayed the payment of the installment and lost the benefit of the installment and the time limit on February 1, 2015.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. According to the above facts finding as to the cause of the claim, the Plaintiff started on February 1, 2015, from February 2, 2015 to February 2, 2015, on the day following the date on which the Plaintiff lost the Defendant’s benefit of KRW 14 million and the due date.