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(영문) 수원지방법원 2020.12.17 2019나90326
합의금
Text

The judgment of the first instance is modified as follows.

The defendant shall pay 30 million won to the plaintiff succeeding intervenor and shall pay 30 million won to the plaintiff succeeding intervenor.

Reasons

1. Facts of recognition;

A. On September 3, 2009, the Plaintiff sold 180 million won, and on September 23, 2009, the Plaintiff transferred 58 million won (hereinafter “the instant claim”) to the Defendant with respect to the repayment of the obligation against the Defendant, the remaining payment claim arising from the said sale owned by the Plaintiff against D (hereinafter “the instant claim”).

B. Although the Defendant received the instant claim from the Plaintiff, he applied for a compulsory auction on the real estate owned by the Plaintiff to Suwon District Court Sung-nam Branch F, which was distributed KRW 86,852,429 from the auction procedure on May 6, 2011.

C. Accordingly, on August 22, 2013, the Plaintiff filed a lawsuit against the Defendant seeking the return of unjust enrichment under Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office of Suwon District Prosecutors’ Office, and filed a complaint against the Defendant as a crime of fraud under heading 2013 type No. 4029.

On February 14, 2014, the Plaintiff and the Defendant made an agreement as follows (hereinafter “instant agreement”).

On February 18, 2014, according to the instant agreement, the Plaintiff voluntarily withdrawn the litigation of the case in Suwon District Court 2013Kadan31082, and revoked the complaint of the case in Suwon District Court 2013No. 4029.

1. The Suwon District Court's Sung-nam Branch 2013dan31082 and the Sung-nam District Prosecutors' Office 2013 Form 4029 agree that paragraph 2(s) shall apply.

2. Terms and conditions of agreement)

A. The defendant shall pay 15 million won to the plaintiff.

B. Of them, KRW 50 million shall be paid in cash on February 14, 2014, and KRW 25 million shall be paid by March 14, 2014; and the remaining KRW 30 million shall be paid within August 14, 2014; and a claim shall be recovered and paid by D (third obligor following bond transfer and takeover) by payment.

C. The Plaintiff is making best efforts to provide information so that the Defendant can recover the claim.

The defendant shall secure bonds through civil litigation, etc. immediately after the agreement is reached.

3. (Conditions of Performance) - The plaintiff's obligations: the withdrawal of a civil case under paragraph 1.

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