(영문) 의정부지방법원 2020.04.02 2019재가단34

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(영문) 의정부지방법원 2020.04.02 2019재가단34

대여금

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1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the plaintiff.

Reasons

1. Records clearly recorded;

A. On July 17, 2018, the Plaintiff loaned KRW 20 million to the Defendant on February 5, 2016, the Jung-gu District Court Decision 2018 tea1259, the Plaintiff applied for a payment order seeking payment of KRW 40 million and delay damages on the ground that the Plaintiff failed to perform the payment of KRW 40 million on April 2017, on the ground that the Plaintiff would be paid 2% of the sales amount with profit, and if the Plaintiff failed to perform the payment, the Defendant applied for a payment order seeking payment of KRW 40 million and its delay damages.

B. Although the same court issued a payment order on August 28, 2018 with respect to the foregoing case, the Defendant’s objection was carried out as a lawsuit in the case of 2018da23827, and the same court brought the case to the conciliation on May 23, 2019 and brought the case to the conciliation and the conciliation was concluded on July 11, 2019, as the conciliation was concluded on July 11, 2019, the following conciliation protocol under the conciliation provision (hereinafter “instant conciliation protocol”).

was drawn up.

1. As to the Plaintiff KRW 19,000,000:

(a) 3,00,000 won shall be paid in five installments on the last day of each month from August 2019 to December 2019, respectively;

B. The remainder of KRW 16,00,000 shall be paid in 16 installments each on the last day of each month from January 2020 to April 2021. If the Defendant’s delayed installment falls on two occasions, the Defendant shall lose the benefit of time, and the unpaid amount shall be paid to the Plaintiff in lump sum, and the delay damages shall be paid in addition to the delay damages calculated at the rate of 12% per annum from the day following the day 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 mediation shall be borne by each person;

2. The Plaintiff asserts to the effect that the Defendant is dissatisfied with the instant quasi-examination as the Defendant did not comply with the instant conciliation protocol even after receiving the instant conciliation protocol.

Article 461, Article 451(1), and Article 220 of the Civil Procedure Act, Article 29 of the Judicial Conciliation of Civil Disputes Act.

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