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(영문) 전주지방법원 2014.11.28 2014가합4735

청구이의

Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Jeonju District Court Decision 201Gahap4215 decided on the recommendation for compromise is 306,690.

Reasons

1. Basic facts

A. On July 21, 2011, the Defendant filed a claim against the Plaintiff for payment of the said money and damages for delay pursuant to the agreement, since the Plaintiff entered into a contract with the Defendant to assume debt payment on behalf of the Defendant, which is to pay KRW 670 million to the Defendant of the modern farming cooperative, on behalf of the Defendant, with the Jeonju District Court Decision 201Gahap4215.

B. On the same day, the Defendant concluded an agreement with the Plaintiff on December 29, 2010 that the Plaintiff shall receive rice from the Defendant (2010g, 40kg, 60,517 g, and at least 50% until March 31, 2011. In the event the Plaintiff fails to take over the rice within the prescribed period, he/she voluntarily disposed of the remaining rice, and entered into an agreement that allows the Plaintiff to claim the difference between the sale price and the acquisition price. The Plaintiff did not take over 50,417 g, from the Plaintiff’s failed to pay the purchase price of KRW 1,061,137,458 [the amount 3,813,541,580, 400, 207 - the remainder of the sale price of the rice in question], 204, 2754, 27257, 27584, 2757

C. On July 16, 2012, each of the above cases rendered a ruling of recommending reconciliation with the following contents, which became final and conclusive on August 9, 2012.

The decision to recommend reconciliation of this case (hereinafter referred to as the “decision to recommend reconciliation of this case”) No. 2011.

The Minister of Land, Infrastructure and Transport

1.(a)

The defendant (the plaintiff of this case) shall pay 360,000,000 won to the plaintiff (the defendant of this case) until December 31, 2012. If the defendant delays this, the defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 10% per annum from January 1, 2013 to the date of full payment.

B. If the defendant (the plaintiff in this case) did not pay to the plaintiff (the defendant in this case) the money set forth in the above paragraph (a) and passed on June 30, 2013, the above 360,000.