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(영문) 전주지방법원 2017.05.17 2016가합4470
손해배상(기)
Text

1. The instant lawsuit was concluded on January 6, 201 by the final and conclusive decision of recommending reconciliation on December 20, 2016.

2. Defendant.

Reasons

1.The following facts of recognition are either of the parties to a dispute or of a record:

On December 13, 2016, the Defendant submitted a written reply (a summary dispute mediation document) to the effect that he/she fully recognizes the Plaintiff’s claim, and the court rendered a ruling of recommending settlement (hereinafter “decision of recommending settlement of this case”) to the effect that “1. Defendant shall pay to the Plaintiff the amount equivalent to KRW 279,314,552 and the annual interest rate of KRW 15% from December 10, 2016 to the date of full payment” (hereinafter “decision of recommending settlement of this case”). The decision of recommending settlement of this case was sent to the Plaintiff’s legal representative on December 20, 2016, and to the Defendant on December 22, 2016, respectively.

B. The plaintiff and the defendant did not object to the decision of recommending reconciliation in this case.

C. On December 29, 2016, the Intervenor filed an application for participation in the instant case with the court, and raised an objection against the decision of recommending reconciliation in the instant case.

2. Determination

A. With respect to the pending case between the plaintiff and the defendant, the court may, ex officio, make a ruling of recommending reconciliation for the fair resolution of the case, taking into account the parties' interests and all other circumstances, to the extent not contrary to the purport of the claim. The parties may, in principle, raise an objection against such ruling within two weeks from the date of receiving the original copy of the written ruling, and an objection shall be filed by submitting the written ruling of recommending compromise to

(See Articles 225, 226, and 227 of the Civil Procedure Act. In addition, when no objection is raised within the above period, the decision to recommend a compromise shall have the same effect as a judicial compromise. If only a part of the defendant files a legitimate objection against the decision to recommend a compromise, and if the plaintiff and the remaining defendant do not raise any objection, the decision to recommend a compromise between the plaintiff and the defendant

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