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(영문) 창원지방법원 진주지원 남해군법원 2017.04.26 2016가단16

청구이의

Text

1. The defendant's Jinwon District Court Decision 2009Gau1220 decided September 2009 against the defendant's plaintiff.

Reasons

1. Basic facts

A. On September 3, 2009, the Defendant filed a claim for user fee against the Plaintiff as the Jinwon District Court Branch 2009 Ghana1220, and on September 3, 2009, the conciliation between the Plaintiff and the Defendant (hereinafter “instant conciliation”) was established as follows.

The defendant shall pay 5,500,000 won to the plaintiff until December 31, 2009. If the defendant fails to pay the above amount by the above date, the damages for delay calculated at the rate of 20% per annum from the day after the above payment date to the day of full payment shall be paid.

B. The real estate owned by the Plaintiff, including the 428 square meters and the building on its ground, was subject to a compulsory auction by Jinwon District Court for real estate D, E, and F, Changwon District Court. The Defendant reported the claim based on the instant conciliation protocol and demanded distribution, and the said court distributed KRW 3,105,463 to the Defendant on June 17, 2013.

C. In accordance with the instant protocol, the Defendant received a seizure and collection order against the Plaintiff’s claim for payment of compensation against the Republic of Korea as the Jinwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (hereinafter, the Defendant deposited KRW 16,643,00 (of them, the amount deposited according to the Defendant’s seizure and collection order is KRW 7,501,932) as the deposited by the Plaintiff as the deposited person around December 14, 2015 on the grounds of the above seizure and collection order, etc., and distributed KRW 7,501,932 out of the deposited money to the Defendant as the Jinwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office Branch Branch Branch Office Branch Branch Branch Branch Branch Branch Branch Office of the said court on January 20, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant alleged that the Plaintiff’s assertion was forced to enforce compulsory execution against the Plaintiff, and KRW 10,607,395 in total, KRW 3,105,463 on June 17, 2013 and KRW 7,501,932 on January 20, 2016. Accordingly, the Plaintiff’s obligation against the Defendant based on the instant conciliation protocol is attributable.