청구이의
1. Compulsory execution against the Defendant’s Plaintiff on October 20, 2016, which was based on the conciliation protocol No. 2016 Ghana 1152 of this Court established on October 20, 2016.
1. Facts of recognition;
A. From the end of 2015, the Defendant entered into a partnership agreement with the Plaintiff to jointly operate a restaurant, and entered into a settlement agreement with the Plaintiff on August 3, 2016, on August 22, 2016, by setting up a joint agreement for termination of the joint business on August 3, 2016. On August 22, 2016, the Defendant entered into a settlement agreement with the following: (a) separately designating each business place; (b) separately operating each business at the designated place; and (c) bearing the unpaid construction cost at the rate of 5:5.
The main content of the above settlement agreement is that the plaintiff is responsible for food materials, liquor, beverage, and personnel expenses incurred during the restaurant business, and the plaintiff will operate the business by entering into a sub-lease contract for the first sowing building.
B. The Defendant filed a lawsuit against the Plaintiff seeking reimbursement against the Plaintiff on the ground that the Plaintiff failed to implement the part of the above settlement agreement ②, and the conciliation was concluded on October 20, 2016.
The content is that the Plaintiff paid KRW 4,00,000 to the Defendant, and the amount of KRW 2,000,000 among them shall be divided, up to November 5, 2016, and KRW 2,000,000 shall be paid up to November 20, 2016, and even once the installment payment is made, damages for delay calculated at 15% per annum from the day after the date of arrears until the date of full payment.
C. During the business partnership with the Defendant, the Plaintiff has the obligation to compensate the Plaintiff for any tort, such as fraud and embezzlement, and the Plaintiff’s damage compensation obligation and the Plaintiff’s adjustment payment obligation against the Defendant against the Defendant would be set off on an equal amount, and the Plaintiff did not have the Plaintiff’s above adjustment payment obligation against the Defendant, and the Changwon District Court 2016Kadan26333 claimed objection against the Defendant based on the above mediation protocol.