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(영문) 수원지방법원 2019.11.20 2019가단5334
추심금 등
Text

1. Defendant D shall pay 8,65,300 won to the Plaintiff and 12% per annum from August 14, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff holds a claim to receive “the amount of KRW 20 million and the amount calculated at the rate of 20% per annum from November 12, 2010 to the day of full payment” against Defendant C by means of a decision on performance recommendation with executory power in the Suwon District Court-si case No. 20154 (hereinafter “decision on performance recommendation of this case”).

B. Based on the decision on the instant performance recommendation, the Plaintiff seized and collected the claim for the return of the lease deposit against Defendant C’s apartment as indicated in the separate sheet (hereinafter “instant apartment”) held by Suwon District Court 2016TT No. 13305, and the decision was served on August 5, 2016 on Defendant D.

C. Meanwhile, Defendant C filed a lawsuit of demurrer against the Plaintiff as Suwon District Court Decision 2016Kadan10156, Suwon District Court, and sought non-permission of compulsory execution based on the instant decision of performance recommendation. In the litigation procedure, the following adjustment was established on April 7, 2017:

hereinafter. 1. In the instant case, Defendant C paid KRW 20 million to the Plaintiff on May 15, 2017 through February 15, 2018 as a debt based on the decision on performance recommendation of the instant case, but paid KRW 200,000 each 15th day from May 15, 2017 to February 15, 2018. If Defendant C does not pay the said money by the said due date, Defendant C loses the benefit of the time limit, and pays the unpaid amount and the amount calculated at the rate of KRW 15 per annum from the date of loss of the due date to the date of full payment.

2. By February 15, 2018, the Plaintiff shall withhold compulsory execution based on the decision on performance recommendation of this case and shall cancel compulsory execution immediately upon the repayment of the said money by the recipient and the recipient and C.

3. Provided, That as soon as Defendant C violates the above paragraph 1, the Plaintiff shall execute a suspended compulsory execution.

4. Defendant C withdraws the instant lawsuit, and the Plaintiff consents thereto.

‘Mediation'

D. Defendant C, according to the instant coordination, is from May 15, 2017 to September 1, 2017.

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