청구이의
1. The Defendant’s decision on performance recommendation (No. 2010) No. 120982, Jan. 6, 2011 against the Plaintiff was based on the Suwon District Court Decision.
1. Determination on the cause of the claim
A. The following facts are acknowledged as either a dispute between the parties, or in full view of the evidence Nos. 1 to 4 and the purport of the entire pleadings.
① On January 6, 2011, the said court rendered a decision of performance recommendation stating that “The Plaintiff and Nonparty C shall jointly and severally pay to the Defendant the amount of KRW 3,128,300 and the amount calculated at the rate of 6% per annum from October 31, 2010 to the delivery date of the instant complaint, and 20% per annum from the next day to the day of full payment, to the day of full payment.”
② The Plaintiff and Nonparty C did not raise an objection against the above decision on performance recommendation, and the said decision on performance recommendation became final and conclusive as is.
③ On August 2, 2018, the Defendant filed an application for a compulsory auction of real estate E apartment F, Nam-gu, Chungcheongnam-gu, Daejeon District Court with the title of execution decision on performance recommendation as the title D, and the said court rendered a decision to commence compulsory auction of the said real estate on August 2, 2018.
④ On August 13, 2018, the Defendant sent a text message stating that “I will cancel the complaint if I deposit the outstanding amount of KRW 3,123,000 to the Plaintiff.”
⑤ On August 13, 2013, the Plaintiff deposited KRW 3,123,00 to the account designated by the Defendant.
6. The defendant received 3,123,000 won well to the plaintiff on August 13, 2013.
‘The text messages sent text messages'.
B. According to the above facts of recognition, it is reasonable to view that the Defendant agreed not to enforce compulsory execution based on the decision on performance recommendation when depositing KRW 3,123,00 to the Plaintiff on August 13, 2018. Since the Plaintiff deposited KRW 3,123,00 to the Defendant on August 13, 2018, the compulsory execution based on the decision on performance recommendation should be denied.
2. Judgment on the defense
A. The Defendant’s assertion that the Defendant agreed to the above purport to the Plaintiff on August 13, 2018, even if the Defendant had agreed to the said purport.