(영문) 서울중앙지방법원 2016.03.25 2015가합18058

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(영문) 서울중앙지방법원 2016.03.25 2015가합18058

대여금

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on this safety defense

A. In the instant case where the Plaintiff sought payment of the remaining amount of KRW 224,00,000 calculated by deducting KRW 57,900,000, which was claimed by Seoul Central District Court 2013Da505709, which was claimed by the Seoul Central District Court 2013Da505709, and the agreed interest or delay damages from the respective lending date to the date of full payment, the Defendant raised the instant lawsuit in violation of the Sub-committee agreement concluded on March 10, 2014, and thus, it is unlawful as it is unlawful.

B. In full view of the purport of the arguments in evidence Nos. 1, 3, 4, and Eul evidence Nos. 1, 2, and 5, the Plaintiff filed a lawsuit against the Defendant on April 29, 2013 as Seoul Central District Court 2013Kadan5709, the Plaintiff filed a lawsuit against the Defendant on April 29, 2013. The Plaintiff filed a claim for the agreed interest or delay damages calculated at the rate of 57,90,000 out of the agreed amount of KRW 281,90,000 among the agreed amount of KRW 281,90,000 and the rate of 25% per annum from the date of full payment to the date of full payment, and the Plaintiff and the Defendant pending the lawsuit on March 1, 2014.

2. After the conclusion of this Agreement, the Plaintiff confirms that there is no credit against the Defendant, regardless of the reasons therefor.

(In particular, after the conclusion of this Agreement on December 30, 1996, the defendant and the plaintiff did not have any civil or criminal filing or complaint against the other party. (3) After the conclusion of this Agreement, the defendant and the plaintiff do not have any civil or criminal filing or complaint against the other party.

“The Plaintiff has agreed, and on the same day, the Plaintiff received KRW 400 million from the Defendant as the agreed withdrawal of the said lawsuit, and on April 1, 2014, withdrawn the said lawsuit in accordance with the above agreement.

According to the above facts of recognition, the above agreement does not claim the money based on the bond statement in the future between the plaintiff and the defendant.

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