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(영문) 전주지방법원 군산지원 익산시법원 2018.12.18 2018가단60
청구이의
Text

1. The Defendant’s loans against the Plaintiff, Jeonju District Court, Doksan District Court, Doksan District Court, March 26, 1998, No. 98Gaga820 delivered on March 26, 1998.

Reasons

In addition to the written evidence Nos. 1, 2, and 3, the Plaintiff and the Defendant agreed to waive the remainder of the claims to the Defendant on February 1, 2018, and the Plaintiff paid the remainder of the claims to the Defendant at the time of agreement, the Plaintiff and the Defendant paid the remainder of KRW 15 million to the Defendant at the time of agreement. In addition to the amount of KRW 2 million already paid by the Plaintiff on December 27, 2017, it can be acknowledged that the Plaintiff paid the remainder of claims to the Defendant in the above KRW 15 million.

According to the above facts of recognition, the claim based on the judgment of this case was extinguished by the plaintiff's repayment.

In regard to this, the defendant alleged to the effect that the agreement of this case was not prepared according to the defendant's will, and therefore, it is invalid. However, in light of the circumstance of the preparation of the agreement, circumstances after the preparation of the agreement, etc., which can be known by the evidence submitted, it is determined that the agreement of this case was prepared according to the agreement between the plaintiff and the defendant (According to the confirmation document of confirmation of the head of the office C participating in the preparation of the agreement, the head of the office at the time received the written agreement from the plaintiff and the defendant, and received confirmation that the contents of the agreement were read to the plaintiff and the defendant).

Therefore, since compulsory execution based on the judgment of this case should not be permitted, it is decided as per Disposition to accept the plaintiff's claim.

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