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Incheon District Court Decision 2018Gadan124500 decided July 12, 2019 against the defendant's plaintiffs is based on the decision of 2018Gadan124500 decided.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiffs for the interruption of extinctive prescription, and on July 12, 2019, the Busan District Court rendered a judgment that “the Plaintiffs jointly and severally pay KRW 32,747,365 and delay damages to the Defendant.”
(Dacheon District Court 2018Gadan124500). (b)
On December 31, 2019, the Plaintiffs and the Defendant agreed to pay the Defendant KRW 55,00,000,000 in total, which is the sum of KRW 30,000,000 on the date of the contract, and KRW 25,00,000 on January 31, 2020, in lieu of the said judgment claim (hereinafter “the first agreement”).
In addition, the Plaintiffs paid KRW 30,000,000 to the Defendant on the date of the first agreement.
C. The plaintiffs suffered difficulties in paying KRW 25,00,000 according to the first agreement, and the plaintiffs and the defendant agreed on January 22, 2020 that "the remaining amount of KRW 25,000,000 according to the first agreement shall be paid in three installments on January 22, 2020, and KRW 8,500,000 on January 31, 2020, and KRW 1,500,000 on January 31, 2020, and KRW 15,000,000 on February 29, 2020."
(D) The Plaintiffs paid KRW 8,50,000 on January 22, 2020, and KRW 1,500,000 on January 31, 2020 pursuant to the second agreement. (e) The Plaintiffs failed to pay KRW 15,00,000 on February 29, 2020 as agreed in the second agreement, and thereafter deposited KRW 14,160,00 on May 12, 2020 to the Defendant on May 14, 2020 after paying KRW 1,00,000 on March 2, 2020. [Grounds for recognition] The Plaintiffs did not dispute over the purport of each entry and pleading, and the purport of each entry and pleading as a whole.
2. Since the Plaintiffs deposited KRW 14,160,00,00 on May 12, 2020 to deposit KRW 14,160,00 as a result of the first agreement and the second agreement, the compulsory execution based on the Incheon District Court Branch Decision 2018Da124500 Decided July 12, 2019 against the Plaintiffs should not be allowed pursuant to the first agreement.
3. The judgment of the defendant on the defendant's assertion shall be based on this agreement at the time of completion of payment in the first agreement.