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(영문) 수원지방법원여주지원양평군법원 2014.10.30 2014가단33

청구이의

Text

1. The defendant's Suwon District Court 2007Gaon 2905 Pyeong-gun Court 2007Gaon case against the plaintiff.

Reasons

1. According to the evidence submitted for the facts of recognition, the following facts may be acknowledged.

On October 16, 2007, when the lawsuit on the acquisition money case was pending in Suwon District Court 2007Gau2905, the Suwon District Court 2007Gau2905, the mediation was concluded between the Plaintiff and the Defendant that “the Plaintiff shall jointly and severally pay KRW 20,000,000 to the Defendant by October 31, 2007. If this is delayed, the amount that has not been paid until that time and the damages for delay shall be paid by adding up 20% per annum to the full payment period from the following day.”

B. The Plaintiff paid the total amount of KRW 7,00,00 on October 23, 2007, KRW 1,300,000 on December 5, 2007, KRW 3,000 on January 23, 2008, KRW 700,000 on February 5, 2008, KRW 2,700,000 on February 19, 2008, KRW 50,00 on April 4, 208, KRW 10,00 on the record of mediation, KRW 20,00,00 on April 4, 208, KRW 200, KRW 200,00 on August 28, 2008, KRW 50, KRW 50,000 on April 30, 200, KRW 500 on April 30, 2009, KRW 16,501 on May 4, 2015.

[Ground of recognition] Gap evidence 1 to 5 (including branch numbers), Gap evidence 7-1 to 4, Gap evidence 8-1, 2-2 and the purport of the whole pleadings

2. According to the above facts of recognition, it is reasonable to deem that the above claim under the conciliation protocol was extinguished. Therefore, compulsory execution under the above conciliation protocol should be denied.

If so, the plaintiff's claim is reasonable and acceptable.