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(영문) 청주지방법원 2015.10.15 2015가합325

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 30, 2012, the Defendant filed a lawsuit against the Plaintiff for the claim for construction cost under the Cheongju District Court 201Gahap2347, and rendered a judgment on May 2, 2012 that “the Defendant of the judgment in the prior suit”) shall pay to the Defendant (the Plaintiff in the prior suit) the amount of KRW 1,200,000 and the amount equivalent to 20% per annum from May 7, 201 to the date of full payment.” Accordingly, the Defendant filed an appeal with the Daejeon High Court 2012Na1031, but the Plaintiff’s appeal was dismissed on December 11, 2012, and the said judgment became final and conclusive around that time.

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.

(2) If it is deemed difficult to repay due to the procedure such as substitution, sale, auction, etc. of financial rights of the transferred or acquired goods, the Plaintiff and the Defendant must make a mutual consultation to handle the transferred or acquired goods.

3. The plaintiff and the defendant shall pay 60 million won in cash or in promissory notes (within four months) immediately after the agreement is reached between the plaintiff and the defendant.

4. After the process of paragraphs 2 and 3 above, the remaining settlement methods will be settled by paying 3% to the Plaintiff at each time the price collected through the lien held by the Plaintiff with respect to the D ground buildings in the Seo-gu, Seoan-gu, Seocheon-gu.

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