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(영문) 서울남부지방법원 2021.03.30 2020가단277270

청구이의

Text

The defendant's decision on July 24, 2020 against the plaintiff was based on the Seoul Southern District Court's recommendation for reconciliation 46269 dated 2019.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, the defendant filed a lawsuit against the plaintiff as the court Nos. 2019 Ghana 46269,000 won, and the plaintiff paid KRW 3,000,000 to the defendant by September 15, 2020.

Where the plaintiff delays the payment of the above amount, he/she shall pay the defendant the unpaid amount plus the delayed amount calculated at the rate of 12% per annum from the day following the payment date to the day of full payment.

The defendant shall waive the remainder of claims.

The costs of lawsuit are assessed against each party (the correction of expressions in line with the Plaintiff and the Defendant). The decision was finalized (hereinafter “the decision on the recommendation for reconciliation of this case”), and the Plaintiff’s decision on October 6, 2020 on the recommendation for reconciliation of this case, on the ground that the Defendant’s refusal to receive money following the decision on the recommendation for reconciliation of this case under No. 4107 of 2020, the Defendant was the principal and interest of 3,020,712 won as of the date of deposit following the recommendation for reconciliation of this case (the total amount of money deposited after adding various expenses, such as service charges, is KRW 3,752,912). Thus, compulsory execution based on the Defendant’s recommendation for reconciliation of this case against the Plaintiff of this case shall be denied.

In regard to this, the defendant alleged that the plaintiff's act of making it impossible for him to make a statement, such as giving money within half of the construction cost, and he did not accept the plaintiff's claim to deposit the amount of KRW 3,800,000 which was spent in the lawsuit and to be exempted from the liability, even though he had seen damages of KRW 2,350,000 which were incurred in the lawsuit. However, the plaintiff's obligation against the defendant, which became final and conclusive in the decision of reconciliation recommendation of this case, is limited to the obligation of KRW 3,00,000 and delayed damages, and the performance of the obligation is completed, such other reasons as alleged by the other defendant are alone.