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(영문) 부산지방법원동부지원 2017.06.30 2016가합104646
청구이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) On February 23, 2014, the Defendant filed a lawsuit claiming a loan against the Plaintiff, C, YO General Construction Co., Ltd., and the shipping company construction on February 23, 2014 under the Busan District Court’s Dong Branch Branch 2014Ga10152 (hereinafter “pre-trial lawsuit”).

I presented its proposal.

In the above lawsuit, a protocol in place of the conciliation as follows was prepared.

-p. paragraphs (1) -

1. The Intervenor D shall be jointly and severally paid to the Defendant the amount of KRW 200 million and damages for delay, which shall be paid in the following manner:

Until November 30, 2014, KRW 260 million (the sum of KRW 200,000 and KRW 200,000,000 per annum 12% interest per annum on KRW 200,000 from September 1, 2014 to November 30, 2014) shall be paid.

B. B. By November 30, 2014:

If it is not possible to pay the amount stated in the paragraph, 2.6 billion won and 200 million won among them shall be paid with 20% interest per annum from December 1, 2014 to the date of full payment.

2. As to the plaintiff

A. In a case where the Plaintiff, C, YA Construction Co., Ltd., and the Maritime Transport Unit Construction and Coordination Intervenor Co., Ltd., prepares a notarial deed with respect to the obligation under the above 1.1., the Defendant shall first perform compulsory execution on the real estate listed in the List No. 1. and recover the claim under the above 1.

B. In a case where the plaintiff, C, YA Construction Co., Ltd., marine transportation substitute construction and mediation participant did not prepare a notarial deed stating that he is responsible for the guarantee of E, or it is impossible to enforce compulsory execution on the above real estate, or where compulsory execution is not possible, the defendant can enforce compulsory execution on the plaintiff's property only for the amount of unrefised credit.

3. The defendant shall waive the remaining claims.

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

Attached 1 List of Real Estate

1. Ulsan-gun, Ulsan-gun, F. G. G. with a field equivalent to 976m2,000 square meters, H.

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