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(영문) 수원지방법원안양지원 2016.07.01 2015가단107777
청구이의
Text

1. The Defendant’s Suwon District Court (Seoul District Court Decision 2013Da14147 decided Dec. 26, 2013) was an agreement payment case against the Plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the successors of E, who died on October 21, 2010, and Plaintiff A are children of E, Plaintiff B, and C.

B. The judgment of the previous lawsuit (former lawsuit) rendered on December 12, 2013 in the instant case where the Defendant claimed an agreed amount against the Plaintiffs, who are their successors, for the agreed amount against the network E, was sentenced to five percent per annum from July 30, 2013 to December 26, 2013 and twenty percent per annum from the following day to the date of full payment (hereinafter “the judgment of the previous lawsuit”). The judgment of the previous lawsuit rendered on December 12, 2013 that “the Plaintiff, to the Defendant, to the Plaintiff, to the Plaintiff, to the Defendant, to pay the amount of money calculated at the rate of 41,571,428 won, to the Plaintiff, to the Plaintiff B, and to the day of full payment” (hereinafter “the judgment of the previous lawsuit”).

C. On August 21, 2014, a written agreement between Plaintiff B and the Defendant, who drafted the agreement on August 21, 2014, was drafted as follows (hereinafter “instant agreement”).

With respect to the claim for contract payment in 2013da14147 of this Court, the Parties shall agree as follows and shall not raise any objection thereto in the future:

1. On August 21, 2014, at the rate of KRW 117,00,000 reduced by KRW 117,00,000,00 in total, including principal and legal measures costs, and damages for delay as of August 21, 2014, a reimbursement of KRW 110,000,00 shall be made and all claims and obligations shall be terminated.

2. The Defendant, a creditor, is reimbursed KRW 50,000,000 on August 21, 2014, and withdraws the real estate auction against Plaintiff A and B during the period of withdrawal.

3. The Plaintiffs shall pay the remaining 60,000,000 won by December 31, 2014. The Defendant shall waive the full amount of the damages for delay that were issued up to that time, but if the Plaintiffs fail to pay by December 31, 2014, the damages for delay shall be paid from that time.

4. If the plaintiffs fully repay the remaining 60,000,000 won, the defendant's own expense will cancel the provisional seizure against the plaintiff A and the provisional seizure against the plaintiff B, and the provisional seizure against the plaintiff C.

Pursuant to the above agreement, the Plaintiffs.

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