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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
1. The Plaintiff and C shall be jointly and severally paid KRW 15 million to the Defendant, on condition that the amount shall be KRW 20 million by the end of 2008, KRW 25 million by the end of 2009, KRW 25 million by the end of 2011, and KRW 20 million by the end of 2012.
2. The plaintiff and C shall lose the benefit of time if they take up at one time the above time, and shall pay the unpaid amount by adding 20% interest per annum from the day following the day when they lose the benefit of time to the day of full payment.
On January 18, 2008, the Defendant filed a lawsuit against the Plaintiff and Nonparty C regarding the return of investment amount, etc. with the Gwangju District Court, and concluded the conciliation between the Plaintiff and the Defendant on January 18, 2008 (hereinafter “instant claim and obligation”).
B. When the Plaintiff and C delayed the repayment of the instant debt, the Defendant received a partial repayment of the instant claim as shown in the attached Table through seizure of the Plaintiff’s claim against the Plaintiff’s reimbursement, corporeal movables, compulsory execution of real estate, etc. under the above protocol
C. On July 2012, the Defendant requested Solomon Credit Information Co., Ltd. (hereinafter “ Solomon”) to collect the instant claim. On December 23, 2016, the Defendant filed an appeal against the instant order and filed the instant lawsuit, upon filing an application for the attachment and collection order of KRW 80,191,700, the amount claimed against the Plaintiff’s benefit with the Gwangju District Court at the time of filing the application for the attachment and collection order of the Plaintiff’s benefit.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4 through 10, Eul evidence 1
2. Determination on the cause of the claim
A. On August 2012, the Plaintiff: (a) confirmed the instant debt amount as KRW 54,044,277, the principal and interest of Solomon staff D and Solomon staff D representing the Defendant on the same day; and (b) agreed to fully repay the said amount within six months without interest, the Defendant continued to seize the Plaintiff’s wages and debt collection activities beyond the amount of debt pursuant to the aforementioned agreement; and (c) enforced enforcement against KRW 80,000,000 in the instant protocol of mediation.