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1. Defendant B’s KRW 60,702,960 for the Plaintiff and KRW 5% per annum from November 28, 2015 to October 5, 2016.
Reasons
1. Facts of recognition;
A. On September 28, 2005, Defendant B filed a lawsuit against the Plaintiff for the loan claim against the Plaintiff under Busan District Court 2005Kadan98001, and on April 5, 2006, the mediation was concluded that “the Plaintiff shall pay the Plaintiff KRW 40 million to the Defendant B immediately. If the payment is not made, the amount calculated by adding the amount calculated at a rate of 20% per annum from April 5, 2016 to the date of full payment” (hereinafter “instant mediation”).
B. On May 20, 2013, Defendant B applied for a compulsory auction by Defendant B to a certified judicial scrivener D for a compulsory auction, etc., and applied for a compulsory auction for each of the lands listed in the separate sheet owned by the Plaintiff (hereinafter “instant land”) with the instant protocol as the executive title. On June 21, 2013, the Busan District Court E auction procedure (hereinafter “instant auction”) was commenced on June 21, 2013.
C. On June 20, 2014, the Plaintiff: (a) filed an application with the competent court for the suspension of compulsory execution against Defendant C; (b) around June 20, 2014, the Plaintiff delegated Defendant C with the deposit of KRW 40 million with the filing of an objection to the instant auction and the application for the suspension of compulsory execution; (c) the Defendant C entered the receipt of an objection to the instant auction as Defendant C on June 23, 2014 and deposited KRW 40 million with the Busan District Court’s 2014Kadan49674 (hereinafter “instant objection”); and (d) filed an application for the suspension of compulsory execution (hereinafter “instant compulsory execution suspension”) with the Busan District Court’s 2014Ka1434 (hereinafter “the instant application”).
With respect to the application for the suspension of compulsory execution of this case 1, the court of the lawsuit, on June 25, 2014, subject to the condition that the Plaintiff deposited KRW 20 million for the Defendant B, compulsory execution based on the original copy of the conciliation protocol against the Plaintiff against the Defendant B is the instant case.