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(영문) 의정부지방법원남양주시법원 2017.07.13 2017가단50

청구이의

Text

1. The defendant's District Court of Suwon-si, 2015Gau12855 management expenses case against the plaintiff, dated June 28, 2016.

Reasons

1. Basic facts

A. On June 28, 2016, the Defendant filed a lawsuit against the Plaintiff on the claim for management expenses (2015da12855), and the said court rendered a settlement recommendation to the effect that “The Defendant (the Plaintiff in this case; hereinafter the same shall apply) shall pay KRW 2,060,330 to the Plaintiff (the Defendant in this case) until July 31, 2016, but if the Defendant fails to pay the said money by the payment date, it shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the following day.”

B. The above decision of recommending reconciliation became final and conclusive on July 16, 2016 due to the failure of the plaintiff and the defendant to raise an objection.

C. On September 6, 2016, the Plaintiff deposited the total amount of KRW 2,091,658 (i.e., principal amount 2,080,650 won from August 1, 2016 to September 6, 2016) of the Reconciliation Recommendation Decision (i.e., the principal amount 2,080,650 won from August 1, 2016 to September 6, 2016).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5

2. According to the above facts of determination and conclusion, since the Plaintiff’s debts based on the above judgment against the Defendant have ceased to exist due to the above repayment deposit, the objection to the instant claim seeking the exclusion of executory power is justified.