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(영문) 대전고등법원(청주) 2016.11.01 2015나893

청구이의

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s Cheongju District Court Decision 201Gahap2347 decided March 30, 2012.

Reasons

1. Basic facts

A. On May 2, 2011, the Defendant filed a lawsuit claiming construction price against the Plaintiff (a partnership company A before its change: B: Limited Partnership company A: the Cheongju District Court rendered a judgment in favor of the Plaintiff on March 30, 2012. The Plaintiff appealed as Daejeon High Court (Cheongju) 2012Na1031, but the Plaintiff’s appeal was dismissed on December 11, 2012. The said judgment became final and conclusive around that time. 2) On August 3, 2012, the Defendant filed a lawsuit claiming construction price against the Plaintiff (a limited partnership company A: the judgment in favor of the Plaintiff on February 14, 2013, and the said judgment became final and conclusive in entirety around February 14, 2013 (a) the said judgment became final and conclusive.

B. On September 30, 2013, the Plaintiff and the Defendant’s settlement agreement concluded with the Defendant on the settlement and performance of obligations under each final and conclusive judgment as follows (hereinafter “instant settlement agreement”).

In accordance with the final and conclusive judgment of Daejeon High Court (Cheongju) 2012Na1031 and Cheongju District Court 2012Kahap4876, the plaintiff and the defendant will make a settlement agreement as follows:

1. On September 23, 2013, it is confirmed that the balance (20%) of the principal and interest that the Plaintiff is liable to pay to the Defendant by the Daejeon High Court (Cheongju) No. 2012Na1031 as of September 23, 2013 and the Cheongju District Court (2012Gahap4876) is KRW 1,08,613,434, and the principal and interest shall be treated as the following Paragraph 2, and the interest shall be settled in accordance with Paragraph 4 below.

2. The principal and interest outstanding as of September 23, 2013, shall be transferred to the Defendant of KRW 500,000,000,000, which are owned by the Plaintiff regarding B and 11 parcels (C Corporation) of Chungcheongnam-gun, Chungcheongbuk-gun, and the Defendant.

(Registration of the change in the name of the defendant as of September 30, 2013). It may be deemed difficult to repay 500 million won out of the first right to collateral security.