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(영문) 대전지방법원 천안지원 2017.02.21 2016가단108300

청구이의

Text

1. On February 25, 2016, Daejeon District Court Decision 2015Kadan9581, the Defendant’s movable delivery case against the Plaintiff was dated February 25, 2016.

Reasons

1. Basic facts

A. On February 25, 2016, the Defendant filed a lawsuit against the Plaintiff for the delivery of movables (No. 2015da9581), and on February 25, 2016, the following (hereinafter “instant conciliation protocol”) was established between the Defendant and the Plaintiff.

Conciliation Provisions

1. The defendant (the title of the plaintiff in this case) shall be paid KRW 13.5 million to the plaintiff (the title of the defendant in this case), and the KRW 10 million shall be paid up to February 29, 2016, KRW 1 million up to March 31, 2016, KRW 1 million up to April 30, 2916, KRW 1 million up to April 31, 2016, and KRW 1 million up to May 31, 2016, and KRW 5 million up to June 30, 2016, respectively.

2. If the Defendant, even once the above payment date, loses the interest of the due date and immediately pays the unpaid amount, plus damages for delay calculated at the rate of 15% per annum from the date of loss of the due date to the date of full payment.

3. The attached movables (referring to the party room facilities and fixtures) shall be confirmed to be owned by the defendant.

4. The plaintiff waives the remaining claims.

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

B. The Plaintiff entered into an agreement with the Defendant’s agent B (hereinafter “instant agreement”) following the conclusion of the mediation as above.

1. The Plaintiff (referring to the Defendant in the instant case) and the Defendant (referring to the Plaintiff in the instant case) agree to pay part of the KRW 13.5 million, which the Defendant agreed to pay to the Plaintiff according to the conciliation on February 25, 2016, by means of the dividends procedure C, No. 2698 of the Deposit No. 2014, which the Plaintiff agreed to receive as dividends pursuant to the Decision of 14Kadan2972 on 2014.

2. Accordingly, the Plaintiff’s receipt of the deposit number on February 29, 2016 pursuant to the gold No. 2689 in 2014 and the payment is made to the Defendant to the extent of the dividend.

3. On February 29, 2016, the Defendant’s remaining money, excluding the amount distributed to the Plaintiff on February 29, 2016, out of KRW 13.5 million, is written under the conciliation protocol.