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대전지방법원 2016.03.17 2015가단44615
약정금
Text

1. Of the instant lawsuit, the part concerning the demand procedure cost claim shall be dismissed.

2. The defendant shall pay 186,000,000 won to the plaintiff and this shall apply.

Reasons

1. The Plaintiff’s determination as to the legitimacy of the part concerning the claim for the expenses of demand procedure among the instant lawsuit is seeking payment of KRW 205,300,00 for the expenses of demand procedure that the Plaintiff requested against the Defendant in the payment order procedure ( Daejeon District Court Decision 2015 tea767). We examine ex officio as to the legitimacy of the said part of the claim.

Urging procedure costs constitute a kind of litigation costs, and there is no benefit to seek a separate lawsuit because the amount paid as the litigation costs can be repaid after the judgment became final and conclusive through the procedure for determining the amount of litigation costs.

(1) The Plaintiff’s claim for the expenses of demand procedure is unlawful. Therefore, the Plaintiff’s claim for the expenses of demand procedure is unlawful.

2. Determination as to the claim for agreed amount

A. According to the purport of each of the statements and arguments in Gap evidence Nos. 1 through 4 (including paper numbers) of the facts of recognition, the following facts are recognized, and no other counter-proof exists:

1) The Plaintiff filed a lawsuit against C and D as the Daejeon District Court 2013Gahap10134, the Plaintiff filed a lawsuit claiming a loan. On January 23, 2014, the conciliation was concluded on the date of conciliation and the conciliation was completed, and the conciliation protocol (hereinafter “instant conciliation protocol”).

A. The terms and conditions of the conciliation clause stated in the above conciliation protocol are as follows:

prescribed provisions

1. The Defendants (C and D) shall be jointly and severally paid KRW 200 million to the Plaintiff; however, KRW 12.5 million to December 31, 2014; KRW 12.5 million to March 31, 2015; KRW 12.5 million to June 30, 2015; KRW 12.5 million to September 30, 2015; KRW 12.5 million to the Plaintiff until December 31, 2015; KRW 20 million to the extent that the Defendants shall not pay KRW 30 million to the Plaintiff until June 30, 2016; KRW 300,000 until September 31, 2016; and KRW 300,000 until September 30, 2016; and KRW 300,000 until September 31, 2016; and each of the Defendants shall be paid KRW 300,016 to the Plaintiff.