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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B: (a) KRW 200,000,000 to the Plaintiff; and (b) March 2010 to the Plaintiff.
Reasons
1. Claim against the defendant B
(a)the reasons for the attachment to the indication of the claim and the changed reasons for the claim;
(Defendant 1) Defendant B and Defendant 2 are Defendant C). B
Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)
2. Determination as to the claim against Defendant C
A. If Defendant C prepared a letter of payment to the effect that the joint and several debt of Defendant C is jointly and severally guaranteed, the Plaintiff sought payment against Defendant C as stated in the purport of the claim.
B. The conciliation protocol has the same effect as a final and conclusive judgment, such as a protocol of protocol of protocol of protocol of protocol of protocol of protocol of protocol of protocol of protocol of protocol, and has a creative effect, so if the conciliation is concluded between the parties, the relationship of rights and obligations based on the previous
(See Supreme Court Decision 2006Da78732 Decided April 26, 2007, etc.). In a case where a party who received a final and conclusive judgment in favor of one party files a lawsuit against the other party to the previous suit for the same claim as that of the previous suit in favor of one party to the previous suit, the subsequent suit is inappropriate as there is no benefit of protection of rights (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). The same applies to a protocol
C. However, the Plaintiff filed a lawsuit against Defendant C as identical to the instant lawsuit (U.S. District Court 2010Kahap3035, hereinafter “instant prior lawsuit”). On May 24, 2010 in the instant case, conciliation was established as follows (hereinafter “instant conciliation”).
(Evidence 1). Conciliation provisions
1. The defendant shall pay KRW 200 million to the plaintiff, and the payment shall begin on June 30, 2010 and begin on June 30, 2010 and shall be paid KRW 700,000 per month on the last day of February 28, 2034, and the remainder KRW 500,000 on March 31, 2034, respectively.
The account number to be transferred or transferred by the defendant to the plaintiff shall be omitted in the case of this case in the attached Form.
same as in this case. If the defendant makes the above installment payments at any time, the defendant will delay the above installment payments.