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(영문) 수원지방법원 2015.08.12 2015나10100
대여금
Text

1. The instant lawsuit completed conciliation on June 9, 2015.

2. The costs of the lawsuit after the request for setting the date.

Reasons

1. Basic facts

A. On May 12, 2014, the Plaintiff filed an application for a payment order against the Defendant for the payment of the loan, and the Defendant, as a result of the objection to the payment order, submitted it to the litigation, and the court of first instance rendered a ruling dismissing the Plaintiff’s claim on January 29, 2015, and the Plaintiff filed an appeal.

1. The Defendant shall pay 1.5 million won to the Plaintiff up to June 10, 2015. If the Defendant does not pay all the above amount by the payment date, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from June 11, 2015 to the date of full payment.

2. The plaintiff waives the remaining claims.

3. The plaintiff and the defendant confirm that there are no claims and obligations other than those provided by the above Articles.

4. The total costs and expenses for conciliation shall be borne by each person.

B. The appellate court, while continuing the trial, referred the instant case to the conciliation, and accordingly, on June 9, 2015, at the conciliation date that was proceeded with by the Plaintiff and the Defendant, the following conciliation was concluded under the attendance of the Plaintiff and the Defendant:

(hereinafter referred to as “instant conciliation”). C.

At the time of the instant conciliation, the Plaintiff and the Defendant signed all of the instant conciliation provisions in the draft.

On June 18, 2015, the Plaintiff submitted a written objection to this Court to the effect that “The Plaintiff is dissatisfied with the instant conciliation because other claims against the Defendant, other than the instant loans, exist.”

[Grounds for recognition] Clear fact in records, significant fact in the court of the trial, purport of the whole pleadings

2. When a compromise in the judgment is entered in the protocol, that protocol shall have the same effect as that of the final and conclusive judgment, and res judicata between the parties takes effect, so that it may be contested only by the litigation for retrial unless there is the same reason as that of the final and conclusive judgment. However, one of the parties claims the reason why the compromise in the judgment is void automatically.

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