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(영문) 광주지방법원순천지원 2017.10.25 2016가단15567
청구이의
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 8, 2015, the Defendant filed a lawsuit claiming damages (hereinafter “pre-trial lawsuit”) against the Plaintiff in Gwangju District Court Decision 2015Kadan79168 (hereinafter “pre-trial lawsuit”).

On July 15, 2016, conciliation was concluded between the Plaintiff and the Defendant with the same content as the following conciliation provisions (hereinafter “instant conciliation provisions”).

prescribed provisions

1. As from August 10, 2016, the Plaintiff will no longer use a trade name containing both the word “C” and “D”. If the Plaintiff continues to use a trade name containing both the word “C” and “D”, the Plaintiff should pay the Defendant the amount of damages calculated by the rate of KRW 100,000 per day of the number of days of violation.

2. The Plaintiff shall pay 16,500,000 won to the Defendant until August 1, 2016. If the Plaintiff fails to pay the above amount by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the day following the above payment date to the day of full payment.

3. The Plaintiff is to correct the Plaintiff’s trade name listed on the delivery slip, such as “outline” and “delivery slip.”

4. The plaintiff and the defendant should no longer raise any civil or criminal objection regarding the perjury in relation to the instant case.

5. The defendant shall waive the remaining claims.

6. The costs of lawsuit and the costs of mediation shall be borne by each person;

B. On November 14, 2016, the Defendant asserted that the Plaintiff violated the mediation provisions of the preceding lawsuit by using the trade name “B” in delivery fishing cases, etc., and filed an application for a compulsory auction against the corporeal movables owned by the Plaintiff, stating that “The amount of the claim is KRW 9,409,000 (the amount calculated at the rate of KRW 1,00,000 per 94 days from August 11, 2016 to August 13, 2016) as the executive title,” and filed an application for a compulsory auction for the corporeal movables owned by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 6 respectively.

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