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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. On October 17, 2013, the Plaintiff filed an application with the Defendant and C for a payment order to pay KRW 9 million to the Plaintiff jointly and severally, asserting that the Defendant borrowed KRW 10 million from the Plaintiff on July 2, 2012, following joint and several surety C, and that the Defendant and C paid KRW 10 million to the Plaintiff. On October 23, 2010, the said court issued the payment order in accordance with the purport of the application, but the Defendant filed an objection on October 31, 2013, and the payment order was not served with respect to C, and thus submitted to the legal proceedings.
B. On January 22, 2014, the instant conciliation (hereinafter “instant conciliation”) was established on January 22, 2014 with respect to the instant claim for loans rendered by the Changwon District Court through the Defendant’s filing of objection, etc., which was pending in the Changwon District Court 2013 Ghana 12085, and C rejected the signature on the conciliation result sheet stating the details of conciliation.
1. The Defendant and C shall be jointly and severally paid KRW 9 million to the Plaintiff, and shall be paid in installments from February 27, 2014 to April 27, 2015 by KRW 600,000 on the 27th day of each month.
Provided, That where the defendant and C delays the payment in installments on at least two occasions, they shall lose the benefit of the deadline, and shall pay the payment in addition to 20% interest per annum from the day following the delay to the day of full payment.
2. The plaintiff's remaining claims shall be waived respectively.
3. The costs of lawsuit and mediation shall be borne by each person.
C. On February 5, 2014, C filed a written objection with the assertion that it was not adjusted as stated in the protocol of mediation. On February 11, 2014, the Plaintiff, the Defendant, and C were present at the hearing on February 11, 2014, and the Plaintiff between the Plaintiff and C first perform compulsory execution on the Defendant’s property when compulsory execution under the protocol of mediation as of January 22, 2014, and when the unpaid amount of property arises due to shortage of property.