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(영문) 광주지방법원 2016.02.17 2015나52875
청구이의
Text

1. The defendant's appeal is dismissed.

2. Until this judgment becomes final and conclusive, the Gwangju District Court 201Kadan2643 case.

Reasons

1. The following facts do not conflict between the Parties:

On October 5, 2011, the Defendant filed a claim for the amount of takeover against the Plaintiff and D on October 5, 201, “the Plaintiff shall jointly and severally with D pay to the Defendant KRW 77 million up to December 31, 2011, and when delay is made, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the date following the date of payment.”

B. On July 23, 2013, the Defendant issued a collection order (Seoul Western District Court 2013TBT 9982; hereinafter “the instant collection order”) against the Plaintiff’s deposit, etc. against the NongHyup Co., Ltd. and 13 others, with the title of execution of the instant recommendation order. The said order was served on the Nong Bank, etc., which is the garnishee.

C. On August 23, 2013, the Defendant received KRW 15 million from the Plaintiff, and prepared a written confirmation that “The Defendant requested the cancellation of the instant collection order and the registration of the person who did not perform the obligation, as it was agreed smoothly.” On or around the 30th day of the same month, the Defendant withdrawn the above collection order.

On August 19, 2014, the Defendant filed an application for a collection order (Seoul Western District Court 2014TF 11325) against the Plaintiff’s deposit and other claims against the NongHyup Co., Ltd. and four other claims.

2. The plaintiff's assertion and judgment sought non-permission of compulsory execution based on the decision of recommending reconciliation of this case while receiving the remainder of debt. The above facts are as follows: Gap's evidence Nos. 8 through 10; Eul's testimony by witness C of the first instance court; the Nonghyup Bank of the first instance court; the Republic of Korea (the Ministry of Science, ICT and Future Planning under jurisdiction); Korean nationals' Bank; Korean nationals' Bank; Hanchi Bank; Hanchi Bank; Korean Hanchi Bank; Korean Exchange Bank; Korean Bank; Korean Industrial Bank; and Gwangju Bank.

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