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1. The Defendant’s loans extended to the Plaintiff on October 2015, 2015 to the Daegu District Court for Permanent Residence (2015Gau1567).
Reasons
1. Facts of recognition;
A. On October 15, 2015, the Defendant filed a lawsuit against the Plaintiff seeking payment of the loan under this Court No. 2015 Ghana1567, and this Court rendered a ruling of recommending reconciliation that “if the Plaintiff and C fail to pay the above amount by the due date, the Plaintiff shall pay 10,000,000 won to the Defendant jointly and severally with C by November 13, 2015. If the Plaintiff and C did not pay the said amount by the due date, the payment shall be made in addition to the damages for delay calculated at the rate of 15% per annum from the date following the due date until the due date for full payment (hereinafter “the instant ruling of recommending reconciliation”). The said ruling became final and conclusive as it is.
B. As the Plaintiff did not repay the amount set forth in the decision on recommending reconciliation of this case, the Defendant applied for compulsory auction of real estate owned by the Plaintiff as the executive title to the decision on recommending reconciliation of this case, and received a compulsory decision to commence compulsory auction as to the real estate owned by the Plaintiff (D land and building in the Jeonbuk-gun, Jeonju District Court).
C. On February 10, 2017, the Plaintiff deposited KRW 13,713,007 [the amount calculated by applying the rate of 15% per annum from November 14, 2015 to February 8, 2017] enforcement expenses, etc. with the Defendant as the principal deposit [1,85,473 won per annum].
[Reasons for Recognition] Unsatisfy, Entrys at Gap's 1 to 4 and the purport of whole pleadings
2. According to the judgment and the above facts of the conclusion, the Plaintiff deposited KRW 13,713,007, including the principal and interest, execution expenses, etc. according to the decision on the recommendation for reconciliation of this case with the Defendant as the deposited person on February 10, 2017, and thus, all of the Defendant’s claims based on the decision on the recommendation for reconciliation of this case against the Plaintiff were extinguished.
If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.