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(영문) 광주지방법원 2015.10.08 2015재머45
대여금
Text

1. The quasi-examination of this case shall be dismissed.

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

Reasons

1. On April 2, 2015, the applicant filed an application for conciliation of the same content as the purport of the said claim (application) with the Gwangju District Court No. 2015du54205 against the respondent on April 2, 2015, and on the foregoing case, on July 8, 2015, the following conciliation between the parties (hereinafter “instant conciliation”) was established and the protocol for conciliation was prepared:

(A) Article 7(2) of the Judicial Conciliation of Civil Disputes Act provides that the said case shall be dealt with by a standing commissioner belonging to the said court under Article 7(2). The conciliation provision

1. The respondent shall pay 10,000,000 won to the applicant until July 5, 2015.

2. The applicant shall waive the remainder of the claims.

3. The costs of lawsuit shall be borne by each person;

2. Judgment on the lawfulness of the quasi-adjudication suit of this case

A. The Respondent’s liability of KRW 37,000,000 against the applicant of the network C, which caused the Respondent’s claim for quasi-deliberation, was not established, and the Respondent obtained the inheritance approval from the Gwangju Family Court in relation to the net C’s liability.

The respondent stated these circumstances on the date of mediation.

Nevertheless, the standing commissioner did not reflect the respondent's assertion, but rather stated that the respondent should pay 37,00,000 won to the respondent when a judgment is rendered, which is disadvantageous to the respondent, and the respondent responded to the remaining mediation.

Therefore, the conciliation and conciliation protocol of this case, in which grounds for retrial are stated, shall be revoked on the ground that there are defects falling under “when any judgment on important matters affecting the judgment is omitted” under Article 451(1)7 of the Civil Procedure Act, when the false statement by a witness, expert witness, or interpreter, or the false statement by a party or legal representative by the party examination, becomes evidence of the judgment.

B. First of all, determination is made, Article 457(1)7 of the Civil Procedure Act is stipulated in the conciliation protocol and the preparation of the conciliation protocol.

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