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(영문) 창원지방법원 밀양지원 2018.04.25 2017가단11300
손해배상(기)
Text

1. As to KRW 66,179,170 among the Plaintiff and KRW 57,980,920 among them, the Defendant shall pay to the Plaintiff KRW 8,198,250 from December 1, 2017.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for the payment of the 00 US dollars as the Changwon District Court 2010Kahap681, and on November 15, 201, the following (hereinafter referred to as “the first adjustment”) is the first adjustment:

(1) The Plaintiff shall be paid KRW 80 million to the Plaintiff, and the Defendant shall pay KRW 300 million to the Plaintiff up to January 10, 2012, and the remainder of KRW 500 million up to January 31, 2012, respectively (hereinafter omitted).

B. The Defendant decided to keep accounts of KRW 80 million, etc. to be paid to the Plaintiff as dividends to the Plaintiff, etc. according to the first protocol of mediation, and paid the instant money to the Plaintiff only after withholding KRW 57,980,920 as dividend income tax (hereinafter “instant money”) from the said KRW 800 million to the Plaintiff as dividend income tax, and paid the instant money to the Plaintiff as dividend income in March 2012.

C. Around January 2012, the Defendant filed a lawsuit against the Plaintiff, etc. seeking restitution of unjust enrichment, etc. with the Changwon District Court 2012Gahap43, and on November 1, 2012, the following mediation was established (hereinafter “the second mediation”).

In addition to paragraphs 1 and 2 as of the date of conciliation of this case, the defendant and the plaintiff (comfort) confirm that there is no civil obligation or obligation between them, and they cannot file a criminal complaint with each other.

(hereinafter referred to as "not to be omitted").

On November 2012, on the ground that the Plaintiff was unable to receive the instant money, the Plaintiff entered the first protocol of mediation into an executive title, and the Defendant filed a lawsuit of objection against the Plaintiff seeking the rejection of compulsory execution under the first protocol of mediation (2012dada4765). On August 14, 2013, the judgment denying compulsory execution under the first protocol of mediation became final and conclusive on the ground that “The Plaintiff’s claim under the first protocol of mediation was extinguished by the second protocol of mediation)” was “The Plaintiff’s claim under the first protocol of mediation was extinguished by the second protocol of mediation.”

E. On December 13, 2016, Kim Jong-ri, the Defendant paid KRW 66,179,170, in total, KRW 8,198,250 for the instant money and additional dues on refund to the Defendant.

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