청구이의
1. Compulsory execution based on the original judgment of Daejeon District Court Branch 2010Gahap1613 against the defendant's plaintiffs is a compulsory execution against the defendant.
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) is a juristic person established for the purpose of Kim Manufacturing, etc., and the Plaintiffs are married couple who operated the wholesale and retail business of food materials with the trade name “E”, and the Defendant merged D on November 2, 2015.
B. D filed a lawsuit against the Plaintiffs on July 14, 2011, the Daejeon District Court rendered a judgment that “The Defendant (the Plaintiffs of this case) jointly and severally paid to the Plaintiff (D) the amount of KRW 144,902,601 per annum from December 18, 2010 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive as of August 6, 201.
C. Around October 31, 2011, around October 31, 2011, the following agreements were made between D and the Defendant (hereinafter “Defendant”) and the Plaintiffs:
(hereinafter “instant agreement”. “Creditor 1” refers to D; “Creditor 2” refers to the Defendant; and “debtor 2” refers to the Plaintiffs, respectively.
1. The obligee 1 and 2 are the authentic copy of the judgment of this case and do not execute the judgment against the Defendants.
2. The preservative measure (provisional seizure, etc.) taken by the creditor 1 and 2 in the assets of the Defendants shall be immediately cancelled.
3. The creditors 1 and 2 shall not make any civil or criminal claims against the Defendants with respect to the foregoing case in the future.
4. The obligee 2 shall not be a party to the instant case, but shall clearly confirm that the obligee 1’s claim of the instant case includes the obligee 2’s claim against the obligor.
5. This Agreement shall become null and void when the creditor 1 and 2 are subject to an investigation by the tax authority due to a subsequent return of the debtor's tax return (related to the above price of goods).
On the other hand, on February 28, 2017, the Defendant filed a criminal complaint with the Plaintiffs asserting that the instant agreement was drafted by threatening the Defendant, and the Plaintiff A was suspected on June 20, 2017.