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(영문) 창원지방법원 2019.09.05 2018재가합13
추심금
Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the Defendant (Quasi-Review Plaintiff).

Reasons

The plaintiff in the protocol subject to quasi-deliberation filed a lawsuit identical to the purport of the claim against the defendant as Changwon District Court 2008Gahap2821, and the above court on July 15, 2008 when the plaintiff and joint representative director C present at the court on July 15, 2008, "the defendant shall pay 308,021,262 won to the plaintiff until March 31, 2009. If the defendant fails to pay the above amount by the above payment date, the late payment damages calculated at the rate of 10% per annum from the day following the payment date shall be added to the unpaid amount. The remaining claims of the plaintiff shall be waived. The remaining claims of the plaintiff shall be waived. The fact that the protocol subject to quasi-deliberation was prepared by each party (hereinafter referred to as "instant mediation"). According to the evidence No. 2, according to the record, it can be recognized that the above mediation was registered as the defendant's joint representative director D, E and C at the time the above mediation was established.

The defendant's joint representative director C, who is the defendant's other joint representative director D or E, was delegated with the authority to exercise the power of representation solely for conciliation, but is present on the date of conciliation in the case subject to quasi-deliberation and reached conciliation, which constitutes grounds for quasi-deliberation under Articles 461 and 451 (1) 3 of the Civil Procedure Act.

Judgment on the legitimacy of the lawsuit for quasi-deliberation of this case

A. The relevant legal doctrine 1) Conciliation is established by stating the matters agreed between the parties in the protocol, and if conciliation is concluded, it has the same effect as a judicial compromise (see Articles 28 and 29 of the Judicial Conciliation of Civil Disputes Act). Meanwhile, a lawsuit for quasi-deliberation may not be brought when five years have passed after the conciliation was concluded: Provided, That if a ground for quasi-deliberation arose after the conciliation was concluded, the above five-year period shall be calculated from the date such ground arose (see Articles 461 and 456(3) and (4) of the Civil Procedure Act, however, for reasons of defects in power of representation

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