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1. Revocation of the first instance judgment.
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 3, 2007, the Defendants asserted to the effect that “The Plaintiff is obligated to pay KRW 2,497,680 to Defendant B, 3,155,724, and KRW 5,724,00, which is equivalent to the amount of KRW 5,737,680, such as the medical expenses for injuries, to Defendant C who was on board the Plaintiff’s ship, due to the collision between D ships owned by the Plaintiff and the Defendant E ships owned by the Defendant, incurred damages equivalent to KRW 4,540,00, such as the cost for repair of the ship.” The Defendants filed a lawsuit against the Plaintiff for damages claim (hereinafter referred to as damages claim) against the Defendant C, which is equivalent to KRW 5,737,680, such as the cost for injury.
(hereinafter “instant lawsuit”). (b)
On March 28, 2008, mediation was established between the Plaintiff and the Defendants as referred to in the following mediation provisions (hereinafter “instant mediation”). At the time, the Defendant did not appear, and attorney G was present as the Defendant’s attorney.
1. The Plaintiff shall pay to Defendant B KRW 2,00,000 and KRW 1,500,000 to Defendant C, respectively, until April 30, 2008. If the Plaintiff fails to pay each of the above amounts by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at 20% per annum from May 1, 2008 to the date of full payment.
2. The defendants waive their remaining claims.
3. The costs of lawsuit and the costs of mediation shall be borne by each person;
C. On January 4, 2017, the Defendants filed an application against the Plaintiff for a seizure and collection order based on the original copy of the instant protocol of conciliation with the Gwangju District Court rendered 2017TTTT49. On January 8, 2017, the Defendants received a seizure and collection order from the said court.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion was proceeding with the Plaintiff’s attorney G to delegate the instant lawsuit to his attorney G. However, G voluntarily adjusted the instant case, Article 451 of the Civil Procedure Act.