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1. The Defendant’s judgment on the Plaintiff is based on the conciliation protocol for the loan case in the Jeonju District Court 2013Kahap2022.
Reasons
1. Basic facts
A. On May 3, 2012, the Defendant lent KRW 200,000,00 to D as the due date for payment on October 3, 2012 and the rate of 1% per month (payment on October 3, 2012). The rehabilitation obligor A Co., Ltd. (hereinafter “A”) guaranteed D’s above loan obligation, and D did not repay the borrowed amount to the Defendant until the due date for payment expires.
B. On June 7, 2013, the Defendant filed a lawsuit against the Plaintiff seeking reimbursement of borrowed money and delay damages (hereinafter “instant conciliation protocol”) with the Jeonju District Court 2013Ga2022. On June 7, 2013, the conciliation between the Plaintiff and the Defendant was concluded and the said protocol was prepared (hereinafter “instant conciliation protocol”).
1. The Defendant shall, jointly with D, pay KRW 200,000,000 to the Plaintiff by July 10, 2013. If the payment of the said amount is delayed, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 12% per annum from July 11, 2013 to the date of full payment.
2. The Plaintiff, by July 10, 2013, receives KRW 200,00,000 as stated in the foregoing paragraph (1) from D until July 10, 2013, waives the Defendant’s claim against the Defendant.
3. The plaintiff waives the remaining claims.
C. Meanwhile, on November 8, 2010, A filed an application for rehabilitation with the Jeonju District Court 2010 Gohap16, and the said court rendered a decision to authorize A’s rehabilitation plan on December 10, 2010 and appointed the Plaintiff as a custodian upon a decision to commence rehabilitation procedures against A, and on April 19, 2012.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. On December 26, 2013, D, the Plaintiff as the primary debtor, transferred 15,00 shares of A, which he/she owned, to the Defendant on December 26, 2013, paid in lieu of KRW 150,000,000, out of the principal amount of debt 200,000 under the instant protocol, and on June 26, 2014, A transferred shares of KRW 50,000, which he/she owned, and paid in lieu of the remainder of KRW 50,00,00,000 by transferring shares of A, which he/she owned on June 26, 2014.