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(영문) 의정부지방법원고양지원 2017.06.08 2016가단81365

청구이의

Text

1. The Seoul High Court 201Na17733 decided September 21, 201 regarding the Defendant’s return of the purchase price to the Plaintiff is in the protocol of mediation as of September 21, 2011.

Reasons

1. Facts of recognition;

A. On December 15, 2010, the defendant filed a lawsuit claiming the return of the purchase price of KRW 125,075,471 against the plaintiff and received a favorable judgment from the first instance court (Seoul High Court 201Na17733) on December 15, 2010. The plaintiff shall be paid KRW 5,00,000 to the defendant on September 21, 201 in the appellate court (Seoul High Court 201Na17733) that was proceeding upon the plaintiff's appeal, and the plaintiff shall be paid KRW 5,00,000 as at the last day of each month from October 31, 201 to 11. If the plaintiff fails to pay each of the above amounts once until the above payment date, the plaintiff, instead of paying the amount at the rate of KRW 125,00,000,000 to the defendant on September 21, 201.

B. The Plaintiff paid the adjusted amount to the Defendant’s account following the instant conciliation, and the Plaintiff wired the sum of KRW 50 million from October 27, 201 to August 1, 2012, as follows:

In other words, ① KRW 5 million on October 27, 201, ② KRW 5 million on November 30, 201, ② KRW 5 million on November 30, 201, ③ KRW 5 million on December 26, 2011, ④ KRW 5 million on January 31, 2012, ⑤ KRW 5 million on February 28, 2012, ⑤ KRW 5 million on March 31, 2012, ② KRW 5 million on April 30, 201, ② KRW 5 million on April 30, 2012, ② KRW 5 million on June 1, 201, KRW 9 million on July 25, 2012, and KRW 5 million on July 5000, 2012.

(c) the Commission;

The Defendant’s compulsory execution 1) On June 27, 2016, when four years have elapsed since the date of the last remittance, the Defendant, based on the instant protocol of conciliation, issued a claim seizure and collection order with respect to the Plaintiff’s deposit claims as KRW 19,072,657 on the following grounds: (i) the Plaintiff’s claim amount as KRW 199,072,657 under the instant protocol of conciliation for the following reasons; (ii) in other words, the Plaintiff did not pay eight installment payments to the Plaintiff on May 31, 2012; and (ii) the Plaintiff’s obligation under the instant protocol of conciliation for the Plaintiff’s deposit claims as KRW 125,500,000 annually from June 1, 2012.