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(영문) 서울북부지방법원 2017.04.18 2016나4165
대여금
Text

1. The appeal by the Defendant (Quasi-Review Plaintiff) is dismissed;

2. The costs of appeal shall be borne by the Defendant (Quasi-Review Plaintiff).

Reasons

1. On February 9, 2012, the conciliation was concluded on the date of conciliation after the loan case No. 2011 Ghana 109020, which was filed by the Plaintiff (hereinafter “Plaintiff”) against the Defendant (hereinafter “Defendant”) and the Plaintiff (hereinafter “Plaintiff”) submitted against the Defendant (hereinafter “Defendant”) and there is a conciliation protocol containing the following contents (hereinafter “quasi-Review Protocol”). It is obvious that the record is recorded:

1. The Defendant shall pay 2,500,000 won to the Plaintiff by March 15, 2012. If the Defendant does not pay the said money by the payment date, the Defendant shall pay the unpaid money plus 20% interest per annum from the date following the payment date to the date of full payment.

2. The plaintiff waives the remaining claims.

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

2. Judgment as to the existence of a ground for quasi-examination

A. The Defendant’s assertion 1) that the protocol of quasi-examination was prepared by pressure of the Plaintiff, and there exists a ground for quasi-examination under Article 451(1)5 of the Civil Procedure Act. 2) The evidence No. 6 (Receipt) submitted by the Plaintiff in this case was forged not by the Defendant’s body but by forgery, there exists a ground for quasi-examination under Article 451(1)6 of the Civil Procedure Act.

3) At the time of the conciliation date, the Plaintiff did not submit the evidence No. 6 (Receipt). This constitutes omission of judgment on important matters affecting the judgment, and there exists a ground for quasi-deliberation under Article 451(1)9 of the Civil Procedure Act. (B) Determination 1) Article 451(1)5 and Article 451(2) of the Civil Procedure Act in the part of Article 451(1)6 of the Civil Procedure Act provides that “In the case of Article 451(1)4 through 7 of the Civil Procedure Act, where a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive, or where a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be made for reasons other than lack of evidence, a

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