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(영문) 부산지방법원 2015.01.29 2014가단91842
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In the case stated in the purport of the claim between the Plaintiff and the Defendant, a voluntary mediation was established on September 18, 2014, stating that “the Plaintiff shall pay KRW 4 million to the Defendant, which shall be paid in installments from October 15, 2014 to May 15, 2015, and the Plaintiff shall pay in installments 50,000 won on the 15th day of each month, and if the Plaintiff delays the payment of the said installment at once, the payment shall lose the benefit of the time.” The Plaintiff paid 50,000 won on November 15, 2014, which shall be paid by the Plaintiff on the 25th day of the same month. Therefore, compulsory execution under the above conciliation protocol against the Plaintiff shall be denied.

However, even according to the Plaintiff’s assertion, the Plaintiff appears to have lost the benefit of time by delaying the payment of the installment under the above protocol, and the Plaintiff’s payment of the installment at the latest does not constitute a ground for preventing compulsory execution under the above protocol solely on the ground that the Plaintiff made the payment

Therefore, the plaintiff's claim of this case is without merit.

If so, the plaintiff's claim of this case is dismissed. It is so decided as per Disposition.

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