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Reasons
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(영문) 의정부지방법원 2016.08.09 2016가단7159
청구이의 소
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1. The Defendant’s District Court Decision 2010Kadan23180 Decided August 25, 2010 against the Plaintiff rendered a ruling on the loans to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 25, 2010, the Defendant filed a lawsuit against the Plaintiff for a loan claim (hereinafter “instant judgment”) with the District Court Decision 2010Da23180, the Defendant rendered a judgment against the Plaintiff that “the Plaintiff shall pay to the Defendant 58 million won and the amount calculated by the rate of 5% per annum from January 1, 2010 to August 4, 2010, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. On December 28, 2012, the Plaintiff signed an agreement with the Defendant to the effect that “The Plaintiff shall solely agree on the relationship between the Defendant’s claims and obligations as KRW 25 million, shall be paid KRW 10 million on December 28, 2012, and shall be paid KRW 15 million within 2014, and shall be paid the remainder of KRW 15 million” (hereinafter “instant agreement”).

C. In accordance with the instant agreement, the Plaintiff paid each of the Defendant KRW 10 million on December 28, 2012, and KRW 3 million on May 31, 2013, respectively.

According to the instant judgment on February 2, 2016, the Defendant received a seizure and collection order (the amount of KRW 100,000,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,000,00000,000,000,000,000,000,0000,000,000,000,000,00,000).

[Grounds for Recognition] Facts without dispute, each entry of Gap evidence 1 to 5 (including branch numbers in case of additional number)

2. Circumstances recognized by the purport of the entire argument as to the cause of the claim, namely, that is, at the time of the formation of the instant agreement, the Plaintiff’s debt against the Defendant does not exist other than the obligations based on the instant judgment.

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