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(영문) 서울북부지방법원 2016.04.22 2015가단128025
양수금
Text

1. The Defendant’s each of the Plaintiffs’ KRW 5,00,000, and its related KRW 5% per annum from August 12, 2015 to April 22, 2016.

Reasons

1. Facts of recognition;

A. Plaintiff A is a pastor as the former representative director of Plaintiff D Co., Ltd. (hereinafter “D”). Plaintiff B is a director of the Center of D Company, Nonparty E (hereinafter “E”) is a person of the Philippines who conducts missionary activities together with the Plaintiffs in the Philippines, and the Defendant is a person who purchased the real estate owned by the D Company from Plaintiff A.

B. In the process of purchasing real estate owned by the Plaintiffs, E and the Defendant, the Defendant filed several complaints with the Seoul Northern District Prosecutors' Office due to suspicion of forging private documents, etc., but all of them were issued a non-prosecution disposition.

C. The Defendant, in the Philippines, has proceeded with several civil and criminal cases against E, and among which, on November 17, 2014, Defendant and E became subject to judicial reconciliation (hereinafter “instant reconciliation”), and the main points of which are as follows.

o Article 6 The defendant shall not file any civil, criminal, administrative or any claim (main claim) that may arise in the past or present cases against E, and shall cease and waive these lawsuits or claims in future.

In the same way, E must permanently suspend and waive all civil, criminal, administrative or any claim(s) that may arise in the past or present events against the defendant.

o Under the condition that E will suspend and waive any civil, criminal, administrative or any claim(s) that may arise in the past or present events against the defendant, the defendant may not file any claim(s) against the plaintiff(s) in the Philippines and in the Republic of Korea against the plaintiff(s) in the past or in the present personal case(s) and must suspend and waive it.

In addition, against the defendant in the Philippines or in the Republic of Korea, this is identical.

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