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(영문) 대구지방법원 2020.11.11 2019가단149471
청구이의
Text

1. The Defendant’s loan to the Plaintiff is based on the original copy of the conciliation protocol.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff seeking a loan of KRW 64 million and damages for delay (Tgu District Court 2018Dadan3943).

B. On June 26, 2018, the following mediation was established between the Plaintiff and the Defendant (hereinafter “instant mediation”).

Paragraph 1 of the conciliation protocol: The Plaintiff shall pay to the Defendant KRW 30 million in installments, and the Plaintiff shall pay KRW 10 million in installments, up to August 15, 2018, KRW 10 million up to October 31, 2018, and KRW 10 million up to December 31, 2018. If the Plaintiff fails to perform his/her obligations on one occasion, he/she shall lose the benefit of time, immediately pay the remainder of the unpaid amount, and pay damages for delay of KRW 15 million in addition to the day of complete payment from the day following the date of loss of the benefit of installments, to the day of full payment, and additionally pay KRW 15 million in penalty.

Paragraph 3 of mediation protocol: The amount of KRW 30 million that the plaintiff agreed to pay to the defendant under the above Paragraph 1. is irrelevant to the amount of KRW 80 million lent to C by the defendant, and the plaintiff directly borrowed from the defendant. In relation to the forest and fields located in the old military, where the plaintiff becomes to receive money through litigation, etc., the amount of money returned to the defendant shall be paid to the defendant within the limit of KRW 29 million.

C. The Plaintiff paid KRW 30 million to the Defendant in accordance with the time limit stipulated in paragraph (1) of the instant conciliation protocol.

On April 2019, the Defendant obtained an execution clause as to the part ordering payment of money under Paragraph (1) of the instant protocol, and received a seizure and collection order (Tgu District Court 2019TTTTT 8058) with respect to the Plaintiff’s claim for construction price D against the medical corporation.

E. Meanwhile, C filed a lawsuit against the Plaintiff for a claim, such as a loan (hereinafter “related lawsuit”) and won the entire judgment on November 29, 2017 (Seoul District Court 2017Gauri9771), and the Plaintiff appealed, but the appeal was dismissed on June 20, 2018 ( Daegu District Court 2017Na317042), and the Plaintiff re-appellant.

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