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(영문) 부산지방법원 2015.07.03 2014나16644
대여금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant is a licensed real estate agent, and the plaintiff is the defendant's wife.

B. The Defendant, in the vicinity of the new city’s articles of incorporation, purchased a lot of land in Busan-gun C, Busan-gun, and carried out the business to newly build and sell conventional markets on the ground (hereinafter “instant business”). On April 2008, the Plaintiff paid approximately KRW 715 million to the Defendant and paid KRW 75 million to the Defendant and two of the commercial buildings created under the instant business from the Defendant, and paid KRW 715 million in total to the Defendant from October 2008 to July 2009.

C. The Plaintiff asserted against the Defendant that the Defendant was liable to pay the settlement amount to the Plaintiff on the ground that the instant business agreement was concluded between the Plaintiff and the Defendant, and brought a lawsuit with Busan District Court Branch Branch Branch 201Gahap1483, which was ruled against the Defendant in the first instance trial.

Accordingly, the Plaintiff appealed from the appellate court (Seoul High Court 201Gahap1483), and on November 8, 2013, the conciliation between the Plaintiff and the Defendant was established with the following content (hereinafter “instant conciliation”).

1. The plaintiff waives all of the claim of this case.

2. The plaintiff and the defendant confirm that no claim or obligation exists between them, and they do not bring any civil lawsuit or criminal complaint with respect to this case between them later.

3. The total costs and expenses for conciliation shall be borne by each person.

[Reasons for Recognition: Facts without dispute, Eul's evidence 1-1 and 2, the purport of the whole pleadings]

2. The legality of the instant lawsuit

A. If there is an agreement not to file a lawsuit even if there is a dispute over a specific right or legal relationship (hereinafter “non-litigation agreement”), there is no benefit in the protection of rights in a lawsuit filed against it.

Supreme Court Decision 200

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