(영문) 의정부지방법원 2018.01.10 2017나4592

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(영문) 의정부지방법원 2018.01.10 2017나4592

대여금

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall pay to the plaintiff KRW 11,200,000 and this shall apply to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendant, B, and D (hereinafter referred to as the “Defendant’s side”) for a loan claim with the District Court 2005Kadan29931. On June 7, 2006, the lower court rendered a decision in lieu of conciliation as follows (hereinafter referred to as the “instant compulsory conciliation decision”).

1. B shall be paid KRW 57,700,000 to the Plaintiff, on condition that KRW 5,000 as of the end of each month from July 31, 2006 to May 31, 2007, and the remainder KRW 2,700,000 shall be paid on June 30, 207.

2. The defendant shall pay to the plaintiff KRW 11,200,000 out of the above amount jointly and severally with the plaintiff, if he loses the benefit of time with respect to the payment of the above amount.

3.D shall pay 8,500,000 won to the Plaintiff, and shall be 3,000,000,000 won until July 31, 2006, and shall be 3,000 won.

8. 3,00,000 won until January 8, 200, and for the same year.

9. up to 30.30 2,500 won shall be paid respectively.

4. If the defendant's side delays the payment of the above installment on one occasion, he shall immediately lose the benefit of the time and shall pay the unpaid full amount in lump sum, and shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the day following the due date to the day of full payment.

5. The plaintiff waives the remaining claims.

6. The costs of lawsuit and the costs of mediation shall be borne by each person;

B. On June 28, 2006, the Plaintiff completed a provisional attachment registration (hereinafter “the provisional attachment of this case”) on June 30, 2006 with regard to the 1,285 square meters of Embacheon-si Embol land owned by the Defendant on June 30, 2006, according to the provisional attachment order of 2006Kadan3953 (the claimed amount of KRW 11,200,000).

C. The instant compulsory adjustment decision was finalized on July 5, 2006. D.

On November 4, 2013, the provisional attachment of this case was cancelled on November 6, 2013 due to the sale due to voluntary auction.

2. The fact that the decision of compulsory adjustment of this case became final and conclusive as to the cause of the claim is identical to the facts acknowledged earlier, and the benefit of time is lost due to B’s failure to pay the amount of installments at all.

유사 판례

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-서울서부지방법원 2019.08.23 2017가단230980

-전주지방법원 2019.06.05 2018가단21892