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(영문) 창원지방법원통영지원 2019.05.30 2017가합11137
청구이의
Text

1. The Defendant’s territorial branch branch of the Changwon District Court on the Plaintiff based on the conciliation protocol 2016Gahap11673 dated January 10, 2017.

Reasons

1. Basic facts

A. Around November 2014, C, the spouse of the Plaintiff who entered into a contract for business transfer, entered into a contract for business transfer with the Defendant on business transfer for at least one billion won while operating D (hereinafter “instant charging station”).

On September 15, 2016, the plaintiff, C, and the defendant concluded a contract for the transfer of the above filling station business in addition to the joint guarantor of the contract for the transfer and acquisition of the plaintiff.

B. The Defendant, which entered into mediation, filed a lawsuit against the Plaintiff and C (hereinafter “Plaintiff”) seeking the cancellation of the above transfer contract and the return of the down payment, etc.

On January 10, 2017, the following mediation (hereinafter referred to as “instant mediation”) was concluded between the parties in the relevant litigation procedure:

(2016Gahap1673). Coordination Clause

1. The Plaintiff shall pay KRW 30,000,000 to the Defendant, jointly with C, by January 10, 2017, KRW 70,000,000 until January 31, 2017, and KRW 100,000,000 until February 28, 2017, and KRW 200,000,000 until May 30, 2017, and KRW 400,000,000 until December 31, 2017, respectively.

2. The Defendant shall receive KRW 30,000,000 by January 10, 2017 and, at the same time, transfer and deliver to C all business-related facilities, such as business rights and offices of “D”, vehicles, charging stations, etc.

(Provided, That the gas supply price for December 2016 belongs to the Defendant, and the Plaintiff and C do not raise any objection thereto). 3. All obligations to the filling station shall be borne by the Plaintiff and C.

4. At the same time with the payment of all the amounts under paragraph (1), the Defendant withdraws the instant case, such as transfer/acquisition/transfer/transfer/transfer/return, etc. (No. 2016Kadan1673), and cancels the execution of the provisional seizure of real estate (No. 2016Kadan10566) and revoked the said application for provisional seizure.

5. The plaintiff and C shall be 15% per annum on the remaining amount after they lose the benefit of time, even once the payment of the amount under paragraph 1 is made.

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