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(영문) 부산지방법원 2018.02.22 2017가단32011
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(1) On September 30, 2013, the Defendant asserted that the Plaintiff and C lent money to the Plaintiff and C, and filed an application for a payment order claiming the payment of the loan of KRW 10 million and the delayed payment damages therefrom with the instant court 2015 tea 4369, and the Plaintiff and C raised an objection against the payment order.

D. The Defendant filed an application to implement the conciliation and submitted the conciliation procedure to this court under the jurisdiction of the court. On August 26, 2015, the said court rendered a decision in lieu of conciliation, including the following matters (hereinafter “instant compulsory conciliation decision”), and the said compulsory conciliation decision became final and conclusive around that time.

1. The respondent (the defendant of this case and the defendant of this case) shall jointly and severally pay 10 million won to the applicant (the defendant of this case). Among them, 2.5 million won shall be divided into 2.5 million won on the last day of each month from September 2015 to June 2016, and the remaining 7.5 million won shall be paid in installments from July 2016 to September 2017, respectively. If the respondent delays the payment of the above installment at one time, he/she shall lose the benefit of time, and the remaining balance shall be immediately paid, and damages for delay shall be paid in addition to 20% per annum from the day after the date of payment to the day of full payment.

2. In addition to the payment of the amount set forth in the foregoing paragraph 1, it is confirmed that no claim or obligation exists between the claimant and the respondent as of September 30, 2013, with respect to the borrowed certificates and the “green” company, and no objection is raised against all civil or criminal charges, including the institution of mutual civil procedure.

3. Expenses for mediation shall be borne by each person;

[Ground of recognition] The entry of Gap evidence No. 1, a significant fact in this court, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff did not borrow money from the Defendant. At the Defendant’s request, the Plaintiff’s father C, the father of the Plaintiff, was on September 30, 2013, and the Plaintiff borrowed money in the name of the Plaintiff.

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