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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 20, 2010, at the Defendant’s agent and the Plaintiff’s commission, a notary public drafted on May 20, 2010 a money loan contract No. 1128 with the following content (hereinafter “instant notarial deed”).
(1) The Plaintiff’s obligation to return the borrowed money under the monetary loan agreement to the Defendant is jointly and severally guaranteed by E, F, and E and F contain any content of acceptance of compulsory execution by E and F. However, the content of the agreement between E and F are omitted) (1) The Defendant lent to the Plaintiff KRW 220 million on March 5, 2010, the due date for repayment is until April 4, 2010, and the interest rate is 20% per annum and 30% per annum.
(2) When the plaintiff and the joint and several sureties fail to perform a monetary obligation under this contract, they shall recognize and recognize that there is no objection thereto immediately even if compulsory execution is enforced.
B. The Plaintiff and E, a joint guarantor, filed a lawsuit of objection to the instant No. 2015Gahap57692 with the Gwangju District Court 2015Gahap57692 by asserting that the claim on the instant No. notarial deed was transferred and the debt was repaid, and some winning judgment was rendered, and mediation was concluded on March 27, 2017 in the case of the appellate court 2016Na13498, the Plaintiff and E appealed appealed.
The main contents of the mediation protocol (hereinafter referred to as “instant mediation protocol”) are as follows:
① The Plaintiff shall pay 300 million won to the Defendant.
The above amount shall be paid in six installments in six installments from July 7, 2017 to July 7, 2017, respectively, and shall be paid in 60 million won on the last day.
② If the Plaintiff fails to perform his/her obligation even once, the Plaintiff shall lose the benefit of the time and shall pay the remainder after deducting the money paid up to 450 million won, plus damages for delay at the rate of 15% per annum.
③ The Defendant shall be reimbursed all the money set forth in paragraph (1) or (2) above from the Plaintiff.