(영문) 의정부지방법원 2019.12.26 2019재가단10024

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.12.26 2019재가단10024

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. On June 25, 2019, the following mediation provisions (hereinafter “instant mediation”) were established in the instant case between the Plaintiff and the Defendant, which is subject to quasi-examination, and the same mediation protocol (subject to quasi-examination) was prepared.

Conciliation Provisions

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 in 80 each time from July 2, 2019 to February 2, 2026 each KRW 500,000 as of the end of each month. If the Defendant delays the payment of the above amount on the above payment date at least three occasions (1,50,000 won), the Defendant shall lose the benefit of time and pay the unpaid amount to the Plaintiff on a lump sum, and the unpaid amount shall be paid by adding the delay damages calculated at the rate of 12% per annum from the day following the date of loss of the benefit of time to the day of full payment.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and the costs of mediation shall be borne respectively;

[Judgment of the court which is obvious or obvious to this court in the records]

2. The summary of the Defendant’s assertion is based on the loan certificate submitted by the Plaintiff as evidence while filing a lawsuit against the Defendant. As such, there is a ground for quasi-examination as stipulated in Articles 461 and 451(1)6 of the Civil Procedure Act. The conciliation is concluded without examining the details of transactions by account submitted by the Defendant, and there is a ground for quasi-examination falling under Articles 461 and 451(1)9 of the same Act.

3. Determination

A. In the case of quasi-deliberation under Article 451(1)6 of the Civil Procedure Act concerning the determination of quasi-adjudication under Articles 461 and 451(1)6 of the Civil Procedure Act, a lawsuit for quasi-adjudication may be filed only when a judgment of conviction, a judgment of imposition of a fine for negligence, or a final and conclusive judgment of a judgment of conviction or a fine for negligence cannot be rendered for reasons other than lack of evidence, is final and conclusive. In order for the defendant to claim the above grounds for quasi-deliberation, other than the same grounds for quasi-deliberation.

참조조문

-민사소송법 제451조 제1항 제6호

-민사소송법 제451조 제2항

-민사소송법 제461조

유사 판례

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