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(영문) 광주지방법원해남지원 2015.10.14 2015가합3413

청구이의

Text

1. On September 16, 2014, the Defendant’s Gwangju District Court 2014Gahap3164 case against the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On April 28, 2014, the Defendant filed a lawsuit seeking payment of KRW 850 million and damages for delay against the Plaintiff by asserting that he/she acquired the claim of KRW 850 million against B from B on the ground that he/she acquired the claim of KRW 850,000 from B, thereby seeking payment of KRW 850,000,000 and damages for delay against the Plaintiff. 2) On September 16, 2014, when the lawsuit for the said amount was pending, the conciliation was concluded between the Plaintiff and the Defendant on the open conciliation date, and the following content of the conciliation protocol (hereinafter “instant conciliation protocol”).

1. The Plaintiff shall pay 100,000,000 won to the Defendant by October 31, 2014, and 280,000,000 won by December 31, 2014, respectively, and if such payment is delayed, the Plaintiff shall pay the unpaid amount by adding 20% delay damages per annum to the payment date from the day following the scheduled date of payment.

2. The Plaintiff does not lose the benefit of time even if it delays the payment of the above KRW 100,000,000.

3. The defendant shall terminate the provisional attachment No. 2014Kadan327 for the Gwangju District Court's Maritime Court's Maritime District Court's Maritime Branch.

4. The defendant shall waive the remaining claims.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

3) The Plaintiff did not pay money pursuant to the instant protocol of mediation. The Defendant filed an application for compulsory auction on or around January 2015 for a real estate owned by the Plaintiff, and the decision to commence compulsory auction was rendered on or around January 2015. (4) The Plaintiff was the Defendant as the depositee, and the Plaintiff was ordered to commence compulsory auction on or before June 18, 2015. (36,021,918 won per annum from January 1, 2015 to June 22, 2015. (38,000 won per annum 36,021,918 won per annum 38,000 million won per annum x 173/365,000 won x 173/3655 x 46,20850 won per annum 204,361,4681,205.4,200 won per annum, 2015 hereinafter the same).