청구이의
1. On January 25, 2016, the Suwon District Court Decision 2015Da44805 case against the Defendant’s Plaintiff is based on the conciliation protocol as of January 25, 2016.
1. On January 25, 2016, in the instant case involving the agreed amount agreed upon by the Defendant against the Plaintiff in this court 2015da44805, the Defendant shall pay the Plaintiff KRW 70 million up to April 15, 2016: Provided, That if the Defendant fails to pay all the above amount by the payment date, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the date following the date of the payment to the date of full payment (hereinafter “instant protocol of conciliation”). The Plaintiff deposited KRW 40 million with the Defendant’s account on January 13, 2017 for the performance of obligations under the instant protocol of conciliation is recognized by the evidence No. 2 and No. 4.
2. The assertion and judgment
A. On January 13, 2017, the Plaintiff and the Defendant agreed to exempt the remainder of the Plaintiff’s obligation with payment of KRW 40 million out of the principal and interest of the Plaintiff’s obligation under the instant conciliation protocol. Accordingly, the Plaintiff’s obligation became extinct due to deposit of KRW 40 million to the Defendant on the same day. Accordingly, the Plaintiff’s compulsory execution under the instant conciliation protocol is denied.
B. The following facts and circumstances are either a dispute between the parties to the judgment or recognized by the overall purport of the statement in the evidence in subparagraph 1 and the argument in subparagraph 1, i.e., the Plaintiff’s written confirmation (Evidence No. 1) as to the instant case from the Defendant, which is, the Plaintiff confirmed that the Defendant (A) partially repaid the amount of the said judgment, and the amount of KRW 10 million up to December 31, 2017, and KRW 10 million up to December 31, 2018, and KRW 10 million up to December 31, 2019, and KRW 10 million up to December 31, 2019, the Plaintiff agreed to the effect that the repayment of the said judgment will be completed if it pays KRW 10 million up to December 31, 2019, which constitutes fraud or an unfair act under Article 104 of the Civil Act or an unfair act under Article 14 of the Civil Act.