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1. The Defendants’ submission to the Plaintiff is based on the Suwon District Court Decision 2011Na3105 case, which was December 6, 2011.
Reasons
1. Basic facts
A. The deceased B filed a lawsuit against the Plaintiff for the claim for the payment of goods with this Court No. 2011Ga6269, and the conciliation was concluded on December 6, 2011 in Suwon District Court 201Na31055, the appellate court of the said lawsuit, as follows:
(hereinafter referred to as “instant conciliation protocol”). 1. The Defendant (referring to the Plaintiff in this case; hereinafter the same shall apply in this conciliation clause) paid KRW 8,300,00 to the Plaintiff (referring to the network B; hereinafter the same shall apply in this conciliation clause) by April 30, 2012, and if the payment is delayed, the unpaid balance shall be paid by adding an amount equivalent to 20% per annum from the following day to the full payment date.
(However, the amount payable shall be appropriated to the principal). 2. Waiver of the remaining claims of the plaintiff.
3. The total costs and expenses for conciliation shall be borne by each person.
B. On November 22, 2012, the network B and the Plaintiff agreed upon the amount that the Plaintiff is obligated to pay to the network B according to the instant protocol of mediation as KRW 4,700,000, and the Plaintiff paid KRW 500,000 to the network B on the day.
C. The deceased B died on March 20, 2014, and his spouse and the Defendants, the inheritor, are the Defendants.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings
2. According to the above facts of recognition, the amount of debt that the Plaintiff is obligated to pay to the network B according to the instant protocol of mediation was modified to KRW 4,700,000 by agreement on November 22, 2012. On the date of the said agreement, the Plaintiff paid KRW 500,000 to the network B. As such, the Plaintiff’s obligation to the network B remains at KRW 4,200,000 according to the instant protocol of mediation, and the Defendants succeeded to such obligation due to the death of the network B.
Therefore, compulsory execution under the instant conciliation protocol is not permissible for the portion exceeding KRW 4,200,00, which is the remaining obligation of the Plaintiff, and compulsory execution under the instant conciliation protocol is limited to the excessive portion.