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(영문) 수원지방법원 안산지원 2018.09.11 2018가단2776
청구이의
Text

1. The Defendant’s loans extended to the Plaintiff on November 24, 2014 by Suwon District Court Decision 2014Gadan22475.

Reasons

1. Facts of recognition;

A. On June 20, 2013, C Co., Ltd. (hereinafter “C”) entered into a contract with the Defendant for the project for the removal of pipes and the disposal of waste (hereinafter “instant construction”) among the project for the conversion of the district heating of D apartment units (hereinafter “instant construction”) and agreed to attract KRW 80 million to C, and thereafter C shall return the same to the Defendant after the completion of the construction.

B. On June 28, 2013, the Defendant paid the said construction deposit to C by paying the Plaintiff’s passbook who had worked as a director at the time, a sum of KRW 80 million, including KRW 30 million on June 28, 2013 and KRW 50 million on July 1, 2013.

C. After completion of the instant construction project, C did not refund KRW 50 million out of the said construction deposit, the Plaintiff prepared and issued to the Defendant a loan certificate stating that “The Plaintiff would repay the said KRW 50 million up to January 31, 2014,” around December 2013, the Plaintiff paid to the Defendant the said KRW 50 million.

(However, on July 1, 2013, the date of drawing up a loan certificate was drawn up retrospectively. (D)

The Defendant filed a lawsuit against the Plaintiff regarding the claim for the return of the loan based on the above loan certificate (hereinafter “instant conciliation”) with this Court Decision 2014Da22475, and in the instant case, conciliation was concluded between the Plaintiff and the Defendant on November 24, 2014 (hereinafter “instant conciliation”).

1. The Plaintiff shall pay KRW 50 million to the Defendant, and shall pay KRW 20 million in two installments until December 26, 2014, respectively, and KRW 30 million until June 26, 2015. If the Plaintiff fails to comply with each of the above payment dates on one occasion, the Plaintiff shall lose the benefit of the time and immediately pay the unpaid amount, and shall pay the unpaid amount in addition to the amount calculated at the rate of 20% per annum from the day following the day of loss of the benefit of the time to the day of full payment.

2. The Defendant received KRW 20 million from the Plaintiff by December 26, 2014, among the money listed in paragraph (1) of this Article, and immediately filed an application for provisional seizure against real estate with the Incheon District Court 2014Kadan4993 for withdrawal and cancellation of enforcement.

Upon the cancellation of the above provisional seizure, the plaintiff is out of the obligations specified in 1.

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