청구이의의 소
1. The defendant's letter of recognition and acceptance with executory power in this court's claim for the guarantee debt amount against the plaintiff.
1. On September 21, 2006, a protocol of recognition and recognition (Evidence A1) has been established between the Plaintiff and the Defendant as shown in the separate sheet No. 1, and the Plaintiff asserts that compulsory execution based on the above letter of recognition and recognition should be denied on the ground that the agreement on reduction of the amount of debt for the recognition and recognition and the withdrawal of auction under the written agreement (Evidence A2) signed by September 8, 2012.
However, it is apparent that the above agreement is a condition that the plaintiff et al. shall perform the repayment in succession within the time limit. In addition to Paragraph (1) where there is no dispute as to the fact that the plaintiff et al. performed the payment to the defendant, there is no assertion as to the fact that the repayment under Paragraph (2) and (3) was made, and the above agreement is merely a condition precedent agreement dependent on the nature of the above condition, so long as the fulfillment of the condition is not made within the time limit, the plaintiff cannot assert not only the executory power of the above recognition protocol but also the reduction or renunciation of interest. (3) Furthermore, Paragraph (4) of the above agreement emphasizes that the defendant et al. cannot raise an objection even if compulsory execution based on the above recognition protocol is resumed, and in the case of paragraph (3) of the above agreement which is invoked by the plaintiff, it is difficult to view the plaintiff et al. as a whole within the said time limit to assume the obligation of the plaintiff et al. as well as within the scope of the above condition.