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(영문) 대전지방법원천안지원 2017.12.22 2017가합592
청구이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 16, 2014, the Defendant filed a lawsuit against the Plaintiff seeking the implementation of the procedures for ownership transfer registration under this Court 2014Gahap101692, and the conciliation was concluded on December 8, 2015 in the said lawsuit.

(hereinafter the above conciliation is referred to as “instant conciliation,” and the conciliation protocol prepared in the above lawsuit is referred to as “instant conciliation protocol.” The main contents of the instant conciliation protocol are as follows.

5. The plaintiff shall pay each of 250 million won to the pertinent defendant whose labor relations are terminated as of the date of termination.

If the above money is not paid until the end date, it shall be paid in addition to the amount calculated at the rate of 15% per annum from the following day to the day of payment.

B. On July 5, 2017, the Defendant issued a claim seizure and collection order (hereinafter “instant collection order”) on June 21, 2017, with the creditor’s claim amounting to KRW 127,888,478 (i.e., the principal interest interest of KRW 25,647,878, and KRW 240,60,00) as the Defendant, the debtor as the Plaintiff, the third debtor as the Plaintiff, and the third debtor as the Plaintiff (hereinafter “new card”); and (ii) the amount of the claim was KRW 127,88,88,478, and the Industrial Bank of Korea as the claim amount (i.e., the principal interest of KRW 250,000,000).

C. Since then, the Defendant collected all the claims under the instant collection order by receiving KRW 30 million from the new card, rain card, modern card, and KNF’s card, and KRW 7,888,478 from the Industrial Bank of Korea. From June 29, 2017 to July 26, 2017, the execution court reported the collection to the instant court, which was the execution court, eight times.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, Eul's 1, and the purport of the whole pleading

2. Pursuant to Article 5 of the instant protocol, the Plaintiff: (a) paid the Defendant a total of KRW 100 million on November 18, 2016 and December 2, 2016; (b) KRW 50 million on December 30, 2016; and (c) KRW 250 million on December 30, 2016.

Therefore, this case.

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