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1. The Defendant’s claim against the Plaintiff for a loan to the Jeonju District Court 2012Gau7360 rendered by the Dasan District Court 2012.
Reasons
1. Basic facts (founded for recognition: Confession);
A. The Defendant filed a lawsuit against the Plaintiff for a loan claim with this Court No. 2012 Ghana7360, and on August 29, 2012, the conciliation was concluded that “the Defendant shall pay the Plaintiff KRW 7,000,000 to the Plaintiff up to December 31, 2012. If the Defendant fails to pay the above amount by the payment date, the amount of the unpaid amount plus the damages for delay calculated at a rate of 20% per annum from the day following the date of payment to the date of full payment.”
B. On November 28, 2014, the Plaintiff deposited KRW 10,541,351, including the Defendant’s claim amount, delay damages, and expenses for enforcement on the part of the Plaintiff’s real estate to Daejeon District Court C, based on the above protocol of mediation, and the Plaintiff deposited KRW 10,541,351.
2. According to the above facts, the Defendant’s loan claims against the Plaintiff under the above conciliation protocol shall be deemed to have been extinguished by the Defendant’s deposit for repayment as above.
3. If so, the plaintiff's claim of this case seeking the exclusion of executory power of the above mediation protocol is reasonable, and it is so decided as per Disposition.