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(영문) 광주지방법원 2020.10.30 2019재가단50027
대여금
Text

1. The quasi-examination of the defendant (quasi-examination plaintiff) is dismissed;

2. The costs of the quasi-examination are assessed against the Defendant (Quasi-Review Plaintiff).

Reasons

1. Summary of basic facts and the grounds for quasi-adjudications

(a) Basic facts: The following facts are obvious in records:

The Plaintiff filed a lawsuit against the Defendant and C seeking a loan of KRW 96,700,000 as the Gwangju District Court 2017dan53095 and damages for delay.

(1) On September 13, 2017, the Plaintiff filed an application with the Defendant and C for a payment order as the Gwangju District Court 2017 tea14830, and the Defendant and C filed an objection and filed a lawsuit after being served with the original copy of the decision on the payment order; hereinafter “the instant quasi-deliberation case”). The instant quasi-deliberation case was referred to the conciliation division conciliation as the Gwangju District Court 2018Ms51931. On March 29, 2018, the Plaintiff’s attorney Oi-mail, C, and C’s attorney-at-law were present at each of the instant attorneys-at-law on the date of conciliation opened on March 29, 2018, and the conciliation was established with the following contents as the conciliation clause, and thus, the instant quasi-deliberation protocol was prepared.

Conciliation Provisions

1. The Defendant and C shall jointly and severally pay KRW 96,70,000 to the Plaintiff in five installments, which shall be paid to the Plaintiff; KRW 16,700,000 until December 31, 2018; KRW 20,000,000 until December 31, 2019; KRW 20,000,000 until December 31, 2020; and KRW 20,000,00,000 until December 31, 2021; and KRW 20,000,00,000,000 until December 31, 202. If the aforementioned installment is paid once every year, payment shall be made in addition to the amount of the installment and the due date, and damages for delay shall be paid in addition to the annual rate of KRW 15,15,00 from the day after the date of loss of the profit due.

2. In order to secure the payment of the money as stated in paragraph (1) of the above Article, the defendant and C shall not attach the "attached Form" to the plaintiff, as stated in the attached list owned by the defendant.

The procedures shall be implemented to establish the establishment of a mortgage on the maximum debt amount of KRW 96,700,000, and on the part of the creditor (joint security).

3. The plaintiff's remaining claims shall be waived.

4. Costs of lawsuit;

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