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(영문) 제주지방법원 2017.04.07 2016가단55072

청구이의

Text

1. The defendant's Jeju District Court 2009Gahap2626 case's mediation protocol against the plaintiffs is based on the mediation protocol.

Reasons

1. Basic facts

A. On August 23, 2010, the Jeju District Court 2009Gahap2626 case between the plaintiffs and the defendant constituted conciliation as follows.

1. The Plaintiffs (A, B) jointly and severally paid KRW 70,000,000 to the Defendant (the designated parties at the time, C, and C) by February 28, 2011;

(a) 20,000,000 among them are paid by October 31, 2010;

(b)in 20,000,000 won by December 31, 2010;

C. The remainder of KRW 30,000,000 shall be paid until February 28, 2011.

2. However, until February 28, 2011, the plaintiffs No. 1-A.

paragraphs 1 and 2.

If the payment date of each contract is not observed, the remaining amount as at the date of each contract shall be paid by adding 20% interest per annum to the Defendant for delay from the following day to the date of full payment. If the Plaintiffs do not fully pay the Defendant the amount of KRW 70,000,000 and delay damages added, the Plaintiffs shall pay to the Defendant the amount calculated by adding the balance at that time to KRW 30,000,000,000 to the day of full payment, and the damages for delay shall be paid at the rate of 20% per annum from March 1, 2011 to the day of full payment.

B. The Defendant filed a petition for compulsory execution against the Plaintiff’s corporeal movables to receive money following the above conciliation, and filed a complaint against the Plaintiff for evasion of compulsory execution, invalidation of a secret indication on official duty, etc. in order to conceal the seized articles by the Plaintiff A.

C. On October 24, 2013, the Defendant received KRW 20 million from the Plaintiff and drafted a written agreement with the same content as the attached Form.

[In the absence of dispute, Eul 1 to 3]

2. The parties' assertion

A. According to the agreement of the plaintiffs, the remaining debts against the defendant were KRW 50 million. Since the plaintiffs paid KRW 4 million to the defendant around November 2015 and appropriated damages for delay, the defendant cannot execute compulsory execution exceeding the amount stated in the written claim under the agreement of this case.

B. The Defendant Agreement provides for KRW 50 million to the Defendant by February 28, 2014.