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1. At the request of this court for a change in exchange, the Gwangju District Court's Circuit Branch for the Plaintiff.
Reasons
1. Adjustment provisions of basic facts;
1. As from August 10, 2016, the Plaintiff will no longer use a trade name containing both the word “C” and “D”. If the Plaintiff continues to use a trade name containing both the word “C” and “D”, the Plaintiff should pay the Defendant the amount of damages calculated by the rate of KRW 100,000 per day of the number of days of violation.
2. The Plaintiff shall pay 16,500,000 won to the Defendant until August 1, 2016. If the Plaintiff fails to pay the above amount by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the day following the above payment date to the day of full payment.
3. The Plaintiff is to correct the Plaintiff’s trade name listed in the delivery facilitation case, such as “outline” and “delivery box.”
4. The plaintiff and the defendant should no longer raise any civil or criminal objection regarding the perjury in relation to the instant case.
5. The defendant shall waive the remaining claims.
6. The costs of lawsuit and the costs of mediation shall be borne respectively by each party.
On December 8, 2015, the Defendant filed a lawsuit claiming damages (hereinafter referred to as “prior action lawsuit”) against the Plaintiff in the Gwangju District Court’s Netcheon Branch (2015da79168).
In the above lawsuit, conciliation was concluded between the Plaintiff and the Defendant on July 15, 2016, and the content of the conciliation protocol (hereinafter “instant conciliation protocol”) is as follows:
B. The Defendant asserts that the Plaintiff used the trade name “C and D” in delivery application, etc., and owned the Plaintiff as the amount of KRW 9,409,000 (the damages calculated at the rate of KRW 100,000 per day from August 14, 2016 to November 13, 2016) upon obtaining an execution clause for the original copy of the instant protocol of mediation (hereinafter “instant execution clause”) from the pure Branch of the Gwangju District Court on October 14, 2016.