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1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay to the Plaintiff KRW 145,00,000 on February 16, 2013.
Reasons
1. Facts of recognition;
A. C and D leased 40 million won interest monthly to E on June 29, 2001 and September 29, 2001. On July 14, 2006, E died and the Defendant, a spouse of E, filed a report on the inheritance approval with the Changwon District Court 2006Ra705 on August 18, 2006. The above court rendered a judgment accepting the report on August 28, 2006.
B. C and D transferred the above loan claims to the Plaintiff on November 1, 201, and the notice of transfer reached the Defendant on August 23, 2012.
C. After that, on September 28, 2012, the Plaintiff filed a lawsuit against the Defendant with the Changwon District Court 2015da11529, which sought payment of the acquisition amount. On January 28, 2013, when the lawsuit is pending, the following protocol of mediation (hereinafter “instant protocol of mediation”) was prepared between the Plaintiff and the Defendant (hereinafter “instant protocol of mediation”) and the conciliation was concluded.
1. The Defendant shall pay KRW 145,000,000 to the Plaintiff until February 15, 2013.
2. The defendant agrees to the plaintiff's application for auction of the full amount of the defendant's share among the real estate stated in the attached list.
3. The plaintiff waives the remaining claims.
4. The costs of lawsuit and the costs of mediation shall be borne respectively;
On April 6, 2016, the date of the closing of argument in the instant case, the Defendant did not have repaid the principal and interest under the instant conciliation protocol.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, and the purport of the whole pleadings
2. Determination
(a) Mediation is established upon entering the agreed matters between the parties in the protocol, and the protocol has the same effect as a final and conclusive judgment, such as a protocol of judicial conciliation, and thus, if the conciliation is concluded, the rights and obligations relationship based on the previous disputing legal relationship is extinguished, and a new rights and obligations relationship is established according
Supreme Court Decision 2005Da32814, 32821 Decided June 29, 2006, etc.