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(영문) 대구지방법원경주지원 2020.12.23 2020가단13062

청구이의

Text

1. The defendant's executive force against the plaintiff in Daegu District Court and racing-support 2019 Ghana3483 is demanding wage payment.

Reasons

1. Facts of recognition;

A. On February 12, 2020, the Defendant filed a lawsuit against the Plaintiff seeking payment of wages, and on February 12, 2020, the court of first instance rendered a judgment ordering a provisional execution that “the Plaintiff shall pay to the Defendant the amount of KRW 5.88,000 and the amount at the rate of 12% per annum from May 17, 2019 to the date of full payment.”

(F) Daegu District Court Decision 2019No. 3483, hereinafter referred to as "the judgment of this case") b.

According to the judgment of this case, the defendant filed an application for the seizure and collection order against each of the deposit claims against the plaintiff C and D in Seoul Southern District Court 2020 Taga10507, and the above court decided on March 30, 2020 to seize and collect the claim.

C. On June 10, 2020, the Plaintiff filed an appeal against the instant judgment, and the following mediation was concluded between the Plaintiff and the Defendant at the appellate court [Tgu District Court 2020ss money305978 (2020Na1286)].

1. The Plaintiff shall pay 4 million won to the Defendant by July 10, 2020. If the Plaintiff fails to pay the said money by the payment date, the Plaintiff shall pay the Defendant the remainder calculated by deducting the amount paid from 5.88,000 won, a penalty of 1.88,00 won, up to the due date, from 5.88,00 won, and damages for delay calculated at the rate of 12% per annum from July 11, 2020 to the date of full payment.

2. The defendant shall waive the remaining claims.

On June 26, 2020, the Plaintiff paid 4 million won to the Defendant.

[Grounds for recognition] The written evidence Nos. 2, 3, and 4 and the purport of the whole pleadings

2. The judgment and the conclusion in the first instance court where a compulsory auction (including a decision in lieu of conciliation) or compromise has been established at the appellate court after obtaining a favorable judgment in the judgment of the court of first instance and applying for a compulsory auction based on the judgment, the effect of the judgment of the court of first instance and the declaration of provisional execution shall be invalidated only for the portion which has been reduced than that of the court of first instance in the conciliation or compromise, and shall still be valid