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(영문) 대구지방법원 2016.12.01 2016가합718

청구이의

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. In the Daegu District Court 2014Gahap205946 (principal claim) and the contract amount (Counterclaim) between the Plaintiff and the Defendant, the said court rendered a judgment on August 20, 2015 that “the Plaintiff shall pay KRW 140 million to the Defendant and its delay damages,” and the said judgment became final and conclusive as is.

(hereinafter referred to as the "case of objection"). B.

On September 30, 2015, upon the judgment of appeal, the plaintiff and the defendant drafted a written agreement with the following contents.

【Written Agreement】

1. The Plaintiff shall transfer to the Defendant, by October 30, 2015, Nos. 302 of the Speaker-gun C’s name, the Plaintiff transferred to the Defendant by no later than 302.

2. The Plaintiff shall pay KRW 30 million to the Defendant by December 31, 2015, separate from the foregoing Down 302.

The repayment shall be 25% per annum.

3. The defendant shall immediately withdraw a compulsory auction under the 6-dong 107, Daegu Northern-gu, which is owned by the plaintiff, from the compulsory auction under the above 4-dong 302.

4. The plaintiff shall waive the lawsuit by October 3, 2014 in Changwon District Court Decision 2015Na32404 and Daegu District Court Decision 2014Gahap205946, and the defendant shall consent thereto.

5. The defendant shall terminate the provisional attachment of real estate F in Daegu-gu, Daegu-gu, owned by the plaintiff immediately upon receipt of KRW 30 million.

6. In the event that the plaintiff fails to faithfully implement the terms of this letter of agreement, the defendant may invalidate this letter of agreement, and the defendant shall not raise an objection against the amount of credit any longer if the plaintiff faithfully implements the promise of this letter of agreement.

C. The Plaintiff deposited KRW 30 million with the Defendant as the principal deposit and delivered all documents necessary for the transfer of ownership as referred to in the above Down 302 as the Defendant pursuant to the above written agreement, but the Defendant did not withdraw a compulsory auction pursuant to the above written agreement pursuant to paragraph (3) and received the dividend by carrying out a compulsory auction for the 6 Dong 107, Daegubuk-gu E apartment 6 Dong 107.