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(영문) 의정부지방법원 2017.05.17 2016나11159
기타(금전)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, who was the Defendant and the Counterclaim Plaintiff in the Jung-gu District Court case 2013Da41646 (principal lawsuit) and 2013Kadan5904 (Counterclaim) (hereinafter “former suit”), was served with the decision of recommending settlement as of May 21, 2014 regarding the previous suit, and appointed the Defendant as the legal representative of the previous suit.

Details of the above decision to recommend reconciliation are as follows:

(1) The Plaintiff and the Defendant, in the table, refer to the Plaintiff and the Defendant in the previous suit, and the Plaintiff and the Defendant agree on June 18, 2014 on the lease agreement on real estate in the attached list between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) as of June 18, 2014. The Defendant (Counterclaim Plaintiff) paid KRW 1.8 million to the Plaintiff (Counterclaim Defendant) as a rental fee by June 18, 2014.

2. Until June 19, 2014, the Defendant (Counterclaim Plaintiff) and the other Defendants: (a) successively connected the Plaintiff (Counterclaim Defendant) with each point of 1,2,3,4,4,5,6, and 1 attached drawings on the ground of 2,208 square meters prior to C in Namyang-si, Namyang-si, with each point of 7,8,9.6 square meters of accommodation and the same drawings of 7,8,9,9,10,10, and 7; (b) the part inside the ship connected each point of 342.4 square meters of factories; (c) the same map on the ground of 397 square meters above D, 11,12,13,14, and 11 square meters; and (d) the Defendants shall pay the Plaintiff (Counterclaim Plaintiff 1) with the remainder of 162 square meters of factories calculated from 2,208 square meters prior to D, 397 square meters and 364,000.

3. The Plaintiff (Counterclaim Defendant) received the performance of the obligation under paragraph (2) above from the Defendant (Counterclaim Plaintiff) and the rest of the Defendants, and at the same time, paid KRW 20 million to the Defendant (Counterclaim Plaintiff). If the Plaintiff (Counterclaim Defendant) has already received the performance of the obligation under paragraph (2), the payment of KRW 20 million is to be made even if the Plaintiff (Counterclaim Defendant) had already received the performance of the obligation under paragraph (2).

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