(영문) 부산지방법원 2020.06.10 2018가합47253

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(영문) 부산지방법원 2020.06.10 2018가합47253

청구이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The instant agreement and its implementation 1) The Defendant filed an application for the payment order against the Plaintiff for the payment order against the Plaintiff as Busan District Court Decision 2009Da8235, No. 2009, No. 2014,000, and damages for delay thereof, on the ground that the Plaintiff was not paid repair expenses, etc. even after repair of the Plaintiff’s vessel, and filed the payment order (hereinafter “instant payment order”).

(2) On April 16, 2009, the Plaintiff asserted that the cause of the instant payment order did not have occurred or has been repaid, and on December 21, 2017, the Plaintiff sought payment of KRW 330,000,000 after the instant claim was filed by Busan District Court 2017Da33821, which was based on the Busan District Court 2017Da33821, and the Plaintiff’s claim for payment of damages incurred therefrom was modified to the instant lawsuit to be transferred to the instant court as 2018Kahap47253.

The Plaintiff and the Defendant agreed on June 25, 2018 through both parties’ legal representatives, which were pending in the instant claim objection lawsuit, as follows:

(hereinafter “instant agreement,” and “A” refers to the Plaintiff and “B” refers to the Defendant.

1. In Gwangju High Court Decision 2018Kadam400 and the Supreme Court Decision 240,000,000 won (Seoul District Court Decision 2206Da2206, 2017), which was deposited as security by security C Co., Ltd. as security, shall be submitted a written consent for cancellation of security and shall be able to receive B deposit.

2. Eul shall receive the deposit money of the above paragraph 1 above and at the same time remits the amount of KRW 90,000,000 to the account as designated by Gap.

3. Once it is confirmed that the agreement is performed, A shall immediately withdraw the lawsuit of demurrer against B filed by the Busan District Court 2017Da338221, and B shall agree to do so, and thereafter, B shall not thereafter file a civil or criminal objection with the same case as the subject matter of the lawsuit or the cause of the claim in the case of objection filed by the Busan District Court 2017Da338221.

4. A or B violates this Agreement.

유사 판례

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