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1. The Defendant’s claim for construction cost against the Plaintiff was made on August 13, 2013 by Suwon District Court Branch 2013dan20280.
Reasons
1. Basic facts
A. On August 13, 2013, the Plaintiff and the Defendant filed a lawsuit for construction cost claim against the Plaintiff as Suwon District Court Branch Branch Branch 2013da20280, the conciliation protocol (hereinafter “instant conciliation protocol”) was prepared between the Plaintiff and the Defendant, stating that “the Defendant (the Plaintiff of this case refers to the Defendant of this case) shall pay KRW 36,00,000 to the Plaintiff (the Plaintiff of this case) until August 30, 2013. If the Defendant fails to pay the said amount by the payment date, the amount unpaid plus damages for delay at the rate of 20% per annum from the day following the date of payment to the day of full payment.”
B. As the Plaintiff did not perform its obligation under the instant protocol, according to the instant protocol, the Defendant applied for a compulsory auction of real estate for the real estate owned by the Plaintiff to Sungnam branch of Sungnam branch of the Suwon District Court, and disbursed KRW 1,335,170 as expenses for the execution thereof.
C. On May 29, 2014, the Plaintiff deposited KRW 41,365,479 of the principal and interest (=36,000,000 won = 5,365,479 of the instant conciliation agreement x 20% x 20% x 272 days (from August 31, 2013 to May 29, 2014) - KRW 97,100 of the execution expenses) and deposited KRW 3583,70 of the remainder of the execution expenses under the instant conciliation agreement - the said court on October 31, 2014 (i.e., KRW 35,000 x 20% x 20% x 272 days (from August 31, 2013 to May 29, 2014) and deposited KRW 358,70,3705,3717,970).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings
2. According to the above facts of recognition, the plaintiff shall be deemed to have fulfilled all obligations under the instant conciliation protocol to the defendant. Therefore, compulsory execution under the instant conciliation protocol shall not be permitted.
3. According to the conclusion, we decide to accept the Plaintiff’s claim and decide as per Disposition.