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(영문) 대구지방법원상주지원 2016.04.20 2015가단82
집행문부여에대한 이의의 소
Text

1. The Defendant’s resident settlement support against the Plaintiff at the Daegu District Court is based on the conciliation protocol No. 2011Kahap33 dated June 30, 201.

Reasons

1. Basic facts

A. 1) Defendant, Nonparty C, D, and E (Defendant and C are married couple, and D and E are children.

(2) On June 14, 201, the Plaintiff filed an application for provisional injunction against the Plaintiff under the Daegu District Court Residential Support Division No. 2011Kahap33, a motion for provisional injunction against access. 1. The obligees and debtors need not approach up to 100 meters against the intent of the other party. 2. The obligees and debtors need not interfere with the peace and work of private life by making phone calls to the other party or sending text messages and correspondences. 3. In the event of a violation of the above paragraphs 1 and 2, the offender shall be paid KRW 1,00,000 per time to the other party. 2) On June 30, 2011, the said court opened the date of mediation in the second examination room of the Seoul District Court Residential Support Office No. 2011, the Defendant, C, and debtor, the Plaintiff, a creditor, at the second examination room of the Daegu District Court, and established the following content (hereinafter referred to as “first mediation”).

B. (1) On March 15, 2013, the Plaintiff filed an objection to grant of execution clause with the Daegu District Court Residential Support 2013Kagro23, the Plaintiff filed an objection against C. (2) On April 2, 2013, the said court opened the date of conciliation at the second examination room in the Daegu District Court Residential Support Office, and the conciliation was established on the date of conciliation (hereinafter “second conciliation”). The details of the protocol and the date of conciliation prepared at the time are as follows:

The applicant for mediation protocol: The respondent of the plaintiff A: C Mediation Intervenor

1.F;

2. G adjustment provisions;

1. The Claimant and the Respondent shall each other:

(a) cannot find out the other party's workplace or place of residence;

(b) not require an interview through any other person’s commercial or landmark;

(c) No telephone, etc. shall be made to any family member of the other party;

2. The offender shall pay 20 million won per time of the offence to the other party when the offence is committed, even if one of the matters described in paragraph 1 above is committed.

3. The Claimant and the Respondent shall withdraw from each other all civil lawsuits, civil applications and criminal complaints currently pending.

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