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(영문) 청주지방법원 2017.11.16 2017재가단23

대여금

Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the defendant.

Reasons

1. Following facts which have become final and conclusive in the protocol subject to quasi-deliberation are significant or obvious in records to this court:

On July 25, 2008, in the Cheongju District Court 2008Gadan13487 Loan case filed by the Plaintiff against the Defendant and B, the following reconciliation (hereinafter “instant reconciliation”) was established between the Plaintiff and the Defendant, and the protocol subject to quasi-examination (hereinafter “instant protocol of conciliation”).

1. The defendant shall pay 15 million won to the plaintiff jointly with B, which shall be paid in installments from August 30, 2008 to the day of complete payment. If the defendant delays the payment of the above installment once, it shall lose the profit of the installment and the time limit, and shall pay damages for delay calculated by adding 20% per annum to the day of complete payment from the day following the day of full payment after the day of full payment.

2. The plaintiff waives the remaining claims against the defendant.

3. The costs of lawsuit shall be borne by each person;

B. The above court served the original copy of the instant protocol of conciliation on July 28, 2008 on the Defendant’s domicile, but did not serve the original copy of the instant protocol of conciliation on August 4, 2008 and sent it on August 6, 2008.

C. The Defendant applied for perusal and duplication of records on August 5, 2008.

On June 9, 2017, the Defendant filed a lawsuit for quasi-deliberation of the instant case.

2. Judgment on the grounds for quasi-examination

A. The defendant's assertion