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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. Upon the Defendant’s request, the Plaintiff received a loan of KRW 160,000 from the Korea Saemaul Depository on January 15, 2010, and lent it to the Defendant. The Defendant decided to repay the principal and interest accrued from the loan to the Korea Saemaul Depository, and the Plaintiff decided to repay the principal of the loan at any time at the request of the Plaintiff.
B. The Defendant repaid only KRW 23,000,000 out of loans 160,000 on June 14, 201, and did not repay the remainder of KRW 137,000,000. The Defendant dissolved on March 26, 2013. The Plaintiff demanded that the Defendant repay the principal by May 20, 2013. However, the Defendant refused to comply with the Plaintiff’s demand by the lapse of the repayment period.
C. Accordingly, the Plaintiff sought the payment of the balance of the loan under the instant lawsuit.
2. According to the evidence evidence No. 1, the Plaintiff filed a lawsuit seeking the payment of the money stated in the purport of the instant claim as the same cause of claim as the instant claim in the Chuncheon District Court case 2014Gahap1108. In the instant case, the Plaintiff and the Defendant on April 23, 2015 between the Plaintiff and the Defendant, “The Defendant shall implement the procedure for ownership transfer registration on April 23, 2015 with respect to the ownership or co-ownership of six parcels of land, including the size of no more than 659 square meters of land, Gangwon-do B forest land, Gangwon-do, Gangwon-do. The Defendant shall actively cooperate with the Plaintiff in obtaining a building permit on the said real estate. The Defendant waives the remainder of the Plaintiff’s claim.” It can be recognized that a judicial compromise has been formed between the Plaintiff and the Defendant.
According to the above facts of recognition, the plaintiff filed a lawsuit as the same cause of claim and established a judicial compromise having the same effect as the judgment (in its content, the defendant transferred the ownership of the land in lieu of the payment of money, and the claim in this case is formally waived). Thus, the lawsuit in this case is the original state support of the Chuncheon District Court.