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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff is a company that engages in livestock product processing and livestock product sales business.
In Kim Jong-si, the name "C" was registered with the business operator, and the operator is registered with the defendant on the business registration certificate.
The Plaintiff supplied livestock products to a private company called “C”, and filed an application with the Seoul District Court 2015 tea1470, 1970, seeking payment of KRW 68,105,650 for the payment against the Defendant, as the representative of the said company, on the ground that it did not receive the payment.
On November 27, 2015, the above court issued the same payment order as the plaintiff's application. The defendant filed an objection on December 4, 2015 and implemented the above case as the litigation procedure.
On August 30, 2016, the Plaintiff, the Defendant, and the Intervenor D agreed to the conciliation and mediation (hereinafter “instant conciliation”) on the following terms: (a) the Jeonju District Court Branch 2015Kadan10993 in the instant case involving the purchase of goods (hereinafter “instant case”) following the filing of an objection against the payment order; and (b) the conciliation was established upon the consent of the conciliation under the following conditions:
1. The conciliation intervenor shall pay KRW 54,000,000 to the Plaintiff, on condition that KRW 5,000,000 shall be paid to the Plaintiff until August 30, 2016, and KRW 49,000,000 shall be paid until December 31, 2016.
If a conciliation intervenor fails to pay each of the above amounts by the payment date, 15% interest per annum shall be paid from the day following each payment date to the day of full payment.
2. With respect to securing the above claim against the Plaintiff’s Intervenor, the conciliation intervenor shall prepare and deliver to the Plaintiff a sales contract form as to No. 27.62 of the E-building No. 1 (the sale price shall be KRW 49,000,000 out of the sale price). If the registration of the house in which the sales contract form was prepared is completed, the registration of the establishment of a mortgage consisting of KRW 55,00,000
When the plaintiff receives all the money stated in paragraph (1) from the conciliation intervenor, he/she shall return the above sales contract to the conciliation intervenor.