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(영문) 창원지방법원통영지원 2019.05.30 2018가합10513
채무부존재확인
Text

1. It is based on the mediation protocol prepared by the Changwon District Court through the Changwon District Court branch of the Plaintiffs against the Defendant on January 10, 2017.

Reasons

1. Basic facts

A. 1) Plaintiff A, the spouse of Plaintiff B, entered into a contract for the transfer of business affairs

(2) On September 15, 2016, the Plaintiffs and the Defendant concluded a contract for the transfer and acquisition of the above filling station business with the Defendant around November 2014, which entered into a contract for the transfer and acquisition of the above filling station business with the Defendant. (2) On September 15, 2016, the amount of the transfer was reduced to KRW 950 million, and the Plaintiff B entered into a contract for the transfer and acquisition of the above filling station business again by adding the Plaintiff

B. The Defendant, upon the conclusion of the conciliation, filed a lawsuit against the Plaintiffs seeking the cancellation of the above transfer contract and the return of the down payment.

On January 10, 2017, the following mediation (hereinafter referred to as “instant mediation”) was concluded between the parties in the relevant litigation procedure:

(2016Gahap1673) Coordination Clause.

1. The Plaintiffs jointly and severally pay KRW 30,000,000 to the Defendant by January 10, 2017, KRW 70,000,000 until January 31, 2017, and KRW 100,000,000 until February 28, 2017, and KRW 200,000,000 until May 30, 2017, and KRW 400,000,000 until December 31, 2017, respectively.

2. At the same time, the Defendant received KRW 30,00,000 by January 10, 2017, and simultaneously transfers and delivers to the Plaintiff all business-related facilities, such as business rights and offices of “D”, vehicles, charging stations, etc.

(Provided, That the gas price for the supply of the gas for December 2016 belongs to the Defendant, and the Plaintiffs do not raise any objection thereto). 3. All obligations to the filling station shall be borne by the Plaintiffs.

4. At the same time with the payment of all the amounts under paragraph (1), the Defendant withdraws the instant case, such as transfer or acquisition, return, etc. (No. 2016Kadan1673), the execution of the provisional seizure of real estate (No. 2016Kadan1056). The Defendant revoked the said provisional seizure application.

5. The plaintiffs shall pay 15% interest per annum to the remaining amount after they lose the benefit of time, even once the payment of the amount under paragraph 1 is made in lump sum.

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