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(영문) 광주지방법원 2020.10.16 2020가단518767
청구이의
Text

1. The Defendant’s payment order for loans against the Plaintiffs was issued on August 27, 2010 by the Gwangju District Court 2010 tea8048.

Reasons

Facts of recognition

A. On May 24, 1999, the Defendant made a protocol of compromise against the Plaintiffs, “The Defendant kept the said money in custody of the Plaintiff A on November 21, 1998, and the Plaintiff B jointly and severally guaranteed the said money by April 30, 1999. However, on May 16, 1999, the Plaintiffs asserted that “The Plaintiff returned KRW 50 million out of the said money and did not return the remainder, thereby having reached the claim in this case.” The Defendant filed a lawsuit against the Plaintiff under the Gwangju District Court 99No23760.

In the above case, the settlement between the plaintiffs and the defendant on July 15, 1999, and the following contents in the reconciliation clause refers to "the plaintiffs" in this case, and the "the plaintiff" refers to "the defendant" in this case.

the protocol of compromise (hereinafter referred to as “instant protocol of compromise”) was drawn up.

The Defendants shall jointly and severally pay KRW 21,00,000 to the Plaintiff, and KRW 10,500,000 among them shall be paid in installments until October 15, 1999, and KRW 10,500,000 to the remainder by January 15, 200.

Even once, when the Defendants fail to pay each of the above amounts by the above deadline, they shall lose the profits from that time, and shall pay to the Plaintiff the remainder of the unpaid amounts and the amount at the rate of 25 percent per annum from the following day to the date of full payment.

The plaintiff waives the remainder of the claim.

Costs of lawsuit shall be borne by each person.

B. On August 26, 2010, the Defendant applied for the payment order of the loan claim against the Plaintiffs under the Gwangju District Court 2010 tea8048 to extend the extinctive prescription of the claim pursuant to the instant protocol of conciliation, as the Plaintiffs did not pay the money pursuant to the instant protocol of conciliation.

In the above payment order case, "the plaintiff on August 27, 2010" is jointly and severally liable to the defendant for 21 million won and the interest rate of 15% per annum from January 15, 200 to the date of full payment.

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