청구이의
1. The defendant's compulsory execution against the plaintiff by this court 2010Na13426 is dismissed.
2. This.
1. Facts of recognition;
A. In the appellate court of the lawsuit claiming a loan against the Plaintiff (this Court 2010Na13426), the following decision on recommending a compromise (hereinafter “the decision on recommending a compromise in this case”) was finalized on October 15, 2010.
1. (Plaintiff) The Plaintiff shall pay (Defendant) KRW 3 million up to December 31, 2010. If the said money is not paid by the due date, the damages for delay calculated at the rate of 20% per annum from January 1, 2011 to the date of full payment shall be additionally paid.
2. (Defendant) The remaining claims shall be waived.
3. The total cost of litigation and the cost of compromise shall be borne individually by each person;
B. On January 3, 2011, the Plaintiff remitted 3 million won to the Defendant pursuant to paragraph (1) of the instant decision on recommending reconciliation, and remitted 5,000 won as damages for delay incurred until that day.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 and 2, the purport of the whole pleadings
2. According to the facts found above, the plaintiff provided money to the defendant according to the decision of recommending reconciliation of this case.
Compulsory execution based on the decision of recommending reconciliation in this case upon which executory power has been extinguished is not permissible.
3. The plaintiff's claim of this case is accepted as reasonable.