손해배상(기)
1. The Defendant’s KRW 64,295,243 as well as the Plaintiff’s KRW 5% per annum from December 15, 2016 to June 22, 2017.
1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be recognized by comprehensively considering the overall purport of the pleadings in the entries in Gap evidence Nos. 1- 3 (including additional numbers) and Eul evidence Nos. 1-13.
On September 28, 2005, the Plaintiff filed a lawsuit against C with Busan District Court 2005Kadan98001, and on April 5, 2006, at the open conciliation date, the conciliation was concluded that “C shall immediately pay to the Plaintiff KRW 40 million, and if delay is paid, it shall be paid in addition to the interest rate of KRW 20% per annum from April 5, 2016 to the date of full payment.” The conciliation was formulated as to the above (hereinafter “instant conciliation protocol”).
B. On May 20, 2013, the Defendant, a certified judicial scrivener, delegated by the Plaintiff, filed an application for a compulsory auction (hereinafter “instant auction”) with respect to each of the lands or shares listed in the attached Table C owned by the Busan District Court D (hereinafter “each of the instant real estate”) with the title of execution on May 20, 2013. On June 21, 2013, a decision to commence the auction was made by the said court, and the auction procedure of the instant case was initiated.
C. C filed a lawsuit of demurrer against the Plaintiff as Busan District Court Decision 2014Kadan49674, and deposited the Plaintiff as the principal KRW 40 million as stipulated in the instant protocol of conciliation with the Bank No. 4155 of the same court as the principal of the instant protocol of conciliation with the Plaintiff as the principal deposit.
On September 30, 2014, the court rendered a decision in lieu of conciliation (hereinafter “instant conciliation decision”) with respect to the instant claim objection case, which became final and conclusive on October 21, 2014.
1. The Plaintiff and C confirm that the remaining amount of debt (an amount of KRW 40 million in deposit) under the instant protocol is KRW 1.5 million as of September 30, 2014.
2. The plaintiff shall receive 40 million won deposited by C, and C shall cooperate with C.
3. C until October 31, 2014.