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(영문) 전주지방법원 2017.07.14 2016나7886
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. The judgment of the court of first instance is rendered in accordance with Paragraph (1) of this Article.

Reasons

Recognizing the facts, the Plaintiff and the Defendant continued to have filed a lawsuit as the Militarysan Branch of the Jeonju District Court 2015Gahap412 (principal suit), 2015Gahap429 (Counterclaim). On May 26, 2015, the conciliation protocol (hereinafter “instant conciliation protocol”) containing the following was prepared.

1. The Plaintiff shall be paid KRW 27,00,00 to the Defendant, on condition that KRW 3,000,000 shall be paid by the end of June, July, August, August, and September, respectively, and KRW 5,00,000 shall be paid by the end of September, respectively.

2. If delay is due, the remaining amount shall lose the benefit of the due date, and the remaining amount shall be paid by adding 18% (18%) per annum to the balance.

3. In addition to paragraph 1, the Plaintiff shall pay KRW 150,000,00 to the Defendant by the end of March 2016, and if delay, the amount of the obligation shall be KRW 170,000,000, and the damages for delay shall be paid by adding 18% per annum thereto.

The Defendant was rendered a ruling of provisional seizure against the Plaintiff’s limited liability law firm (hereinafter “Dong”) by the Jeonju District Court Branching 2015Kadan81 on the claims indicated below as indicated in the table as follows.

On July 9, 2015, the Defendant issued a provisional seizure and collection order to transfer the provisional seizure of KRW 22,00,000 among the bonds listed below as follows, by using the authentic copy of the instant conciliation protocol as the executive title, as the title of execution, the garnishee of the Jeonju District Court 2015TTTT3957, the amount of which is KRW 22,00,000,000, from among the bonds listed as follows.

On November 16, 2015, the defendant collected KRW 23,453,80 according to the collection order and seizure of the above claim.

The amount of claim: 22,632,640 won paid KRW 150,00,000 to the Defendant on March 28, 2016, in a service contract concluded on February 2, 2013 by the debtor with the third debtor to the lawsuit of objection against the judgment on the assessment of the cases involving the limitation of ship liability related to the B pollution accident (for approximately 50,00 cases), which the debtor is entitled to receive from the third debtor in return for the delegated affairs.

[Reasons for Recognition] A. A. A., 2, 4.

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