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(영문) 전주지방법원 2020.11.24 2020가단6285

청구이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 1, 2018, the Defendant filed a lawsuit against the Plaintiff for the claim for collection (hereinafter “instant first instance judgment”) with the Jeonju District Court 2017Da15630, the lower court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount equivalent to KRW 182,850,000 and the rate of KRW 15% per annum from July 5, 2017 to the date of full payment”.

B. On September 27, 2019, the Plaintiff appealed the judgment of the first instance court of this case with the Jeonju District Court 2018Na5440 (hereinafter “instant appellate court”), and on September 27, 2019, the said appellate court rendered a judgment that “The part against the Plaintiff in excess of the amount ordered under the judgment of the first instance court is revoked, and the Defendant’s claim corresponding to the revoked portion is dismissed. The Plaintiff shall pay to the Defendant 5% per annum from July 5, 2017 to September 27, 2019, 15% per annum from the next day to the day of full payment.”

Therefore, although the plaintiff appealed, the appeal was dismissed on January 30, 2020, and the judgment of the appellate court of this case became final and conclusive as it is.

C. On December 4, 2018, while the appeal of this case was pending, the Plaintiff and the Defendant prepared and certified an agreement with the same content as the attached Form (hereinafter “instant agreement”) or the instant agreement.

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

2. The assertion and judgment

A. The Plaintiff asserted that the agreement of this case transferred the Fsolar power plant in Kim Jong-si, D, and E in the name of the Plaintiff (hereinafter “the instant power plant”) to the Defendant for nine (9) years, and the Defendant’s claim was preserved with the proceeds derived from the instant power plant. The Defendant decided to withdraw from Jeonju District Court 2018TTTTY 7321, Jeonju District Court G, Jeonju District Court Haju District Court Ha, and Jeonju District Court Ha, the Plaintiff transferred the instant power plant.

The plaintiff shall prepare the agreement of this case.