약정금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
In fact, the following facts are obvious or obvious to this court in fact:
On April 24, 2012, the Plaintiff and the Defendant, including the written agreement between the Plaintiff and the Defendant, shall receive KRW 10,000,000 for KRW 2,000 from G (hereinafter “G”), but they shall, under such circumstances, have invested KRW 50,00,00 for KRW 1,200 for KRW 2,00 for KRW 2,000 for KRW 1,200 for KRW 80 for KRW 800 for KRW 4,00 for KRW 200 for KRW 4,00 for KRW 2,00 for KRW 2,00 for the Defendant. The Plaintiff shall transfer to the Defendant the remainder 10,00 for KRW 12,00 for KRW 2,00 for the Plaintiff, and the Plaintiff shall be paid KRW 10,00 for KRW 10 for the Plaintiff under the agreement to pay KRW 10,531 for damages (hereinafter “the agreement”).
On April 26, 2013, in the relevant litigation, K and J established mediation that “K and J, the Defendants of the said lawsuit, pay a total of KRW 26,00,000 to G, the Plaintiff, until June 28, 2013, and G waives all the remainder of the claims against K and J and all the claims against the remaining Defendants.”
On June 7, 2013, a payment order was issued against the defendant on June 7, 2013, by filing an application for payment order against the defendant (Seoul District Court Decision 2013Da764, Dasan District Court 2013Da764, Jun. 7, 2013) where the plaintiff who became final and conclusive in the judgment subject to a retrial seeks payment of KRW
As the Defendant raised an objection against the above payment order, it was implemented as a litigation procedure (Seoul District Court 2013Na10967, the Doz. 2013 Doz. 10967). The above court rendered a judgment dismissing the Plaintiff’s claim on March 5, 2014.
The Plaintiff appealed against the judgment of the court of first instance (the Jeonju District Court 2014Na3248), and the above court (hereinafter referred to as the “instant court”).