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1. The Defendant’s KRW 39,251,210 as well as the Plaintiff’s annual rate of 5% from June 24, 2017 to April 21, 2020, and the following.
Reasons
1. Basic facts
A. On July 16, 2015, the Plaintiff concluded a business partnership agreement (hereinafter “instant agreement”) with the Defendant stating that “the Plaintiff invested KRW 300 million in the Defendant on July 31, 2015, and the Defendant extended and provided water tanks for live fish storage to the Plaintiff by October 31, 2015, and if the Defendant delays the payment, he/she shall pay a delay compensation of KRW 5 million in the month.”
B. The Plaintiff paid KRW 300 million to the Defendant in accordance with the instant agreement, but the Defendant failed to complete the repair extension by the scheduled date for completion of the agreement.
On March 23, 2017, the Plaintiff and the Defendant drafted a notarized deed of debt repayment contract (Quasi-Loan for Consumption) No. 199 of 2017, 2017, stating that “The Defendant shall pay to the Plaintiff KRW 320 million by May 10, 2017, and if delay is possible, compulsory execution shall be recognized.”
C. The Defendant failed to pay KRW 320 million to the Plaintiff by May 10, 2017, the Plaintiff applied for a compulsory auction of real estate owned by the Defendant on June 20, 2017, based on the instant notarial deed, and received a ruling to commence the auction on June 21, 2017.
(hereinafter “instant auction procedure”). D.
On July 18, 2017, the Defendant filed a lawsuit of demurrer against the Plaintiff to seek the exclusion of compulsory execution based on the Notarial Deed by this Court No. 2017Gahap9673.
On August 9, 2018, the above court rendered a favorable judgment against the defendant to the effect that the defendant would not allow compulsory execution on the grounds that the defendant paid and deposited all the expenses actually incurred by the plaintiff in the auction procedure and the estimated expenses for future expenditures to the plaintiff, and the plaintiff's claims against the defendant under the notarial deed were extinguished in whole. The appellate court dismissed the plaintiff's appeal on May 31, 2019 and the above judgment on June 22, 2019 is the same.