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(영문) 수원지방법원오산시법원 2017.09.07 2017가단166
청구이의
Text

1. The Defendant’s decision to recommend reconciliation as of October 22, 2015 in the Suwon District Court 2015Na19978 Wage case against the Plaintiff.

Reasons

1. Basic facts

A. On May 21, 2015, the Defendant filed a lawsuit against the Plaintiff seeking payment of wages of KRW 13,600,000 and damages for delay, and on May 21, 2015, the Suwon District Court rendered a judgment citing the Defendant’s claim (U.S. District Court Decision 2014 Ghana49683).

Accordingly, on October 22, 2015, the appellate court appealed the Plaintiff, and the appellate court rendered a ruling of recommending reconciliation as stated in paragraph (1) of the same Article (U.S. District Court 2015Na19978, hereinafter “the instant ruling of recommending reconciliation”), and the said ruling of recommending reconciliation became final and conclusive as it is.

Decisions

1. The Plaintiff shall be paid KRW 9 million to the Defendant, and the Plaintiff shall be paid KRW 1 million each month in nine installments from December 2, 2015 to August 2016.

(The last day of each month). If the plaintiff delays the above payment date at any time, the payment shall be made by adding 10% per annum from the day following the date of the payment to the day of full payment.

2. The defendant shall waive the remaining claims.

3. The total costs of the lawsuit shall be borne individually by each party.

B. On December 31, 2015, the Plaintiff failed to pay the amount to be paid to the Defendant according to the decision on the recommendation for reconciliation of this case, and thereafter remitted KRW 5,000,000 to the Defendant via C on March 23, 2016.

The defendant received reimbursement of KRW 5,000,000 from the plaintiff on the same day.

‘Direct performance certificate' has been drawn up.

C. The Defendant filed an application for a compulsory auction against Dro real estate with the Changwon District Court D, which did not pay the remainder of the money, and on March 29, 2017, the Plaintiff deposited KRW 5,697,534 with the Defendant as the principal deposit (i.e., the balance of KRW 4,00,000 among the principal amount of the decision to recommend reconciliation in this case, and the interest of KRW 10% interest of KRW 497,534 per annum from January 1, 2016 to March 30, 2017 (No. 2681).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and arguments.

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