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1. The defendant's judgment in Gwangju District Court 2010Kadan44885 (Main Office), 2012Kadan1288 (Counterclaim) against the plaintiff has the executive force.
Reasons
1. Basic facts
A. On July 14, 2010, the Defendant filed a lawsuit of damages, etc. against the Plaintiff, etc. as the court heading 2010da44885, and the Plaintiff filed a counterclaim against the Defendant, such as the delivery of a building, etc., in this court No. 2012Gadan1288, against the Defendant. In the foregoing case, the decision of recommending a compromise on March 30, 2012 (hereinafter “the decision of recommending a compromise in this case”) becomes final and conclusive, and the major decisions are as follows.
[Matters to be decided]
1. The Plaintiff shall pay the Defendant KRW 17.2 million up to April 6, 2012, and KRW 15 million up to May 31, 2012, respectively. If the Plaintiff and C fail to pay the above amount by the payment date, the damages for delay calculated at a rate of 20% per annum from the day following the payment date to the day of full payment shall be paid, and if C fails to pay the said amount by the payment date, the Plaintiff shall be paid jointly and severally with C, whichever is eight million won among them.
4. The Defendant shall immediately withdraw an application for provisional attachment with respect to the provisional attachment of real estate from the Gwangju District Court 2010Kadan5745 and apply for cancellation of enforcement after receiving the full amount of the money listed in paragraph (1) from the Plaintiff (the total amount of KRW 17.2 million and KRW 8 million that shall be jointly paid with C).
6. It is confirmed that the portion of the Plaintiff’s share due to the instant case between the Plaintiff and C is KRW 17.2 million and KRW 15 million, and if the Plaintiff pays C’s share to the Defendant pursuant to the latter part of paragraph 1, Category C shall immediately pay the amount to the Plaintiff.
B. On April 4, 2012, the Plaintiff paid KRW 196,230, and KRW 2,1780,000 to the Defendant on April 6, 2012. On September 25, 2014, the Plaintiff paid KRW 25,200,000 to the Defendant on September 25, 2014 (i.e., KRW 8 million jointly and severally with C) less the amount paid as above KRW 21,976,23,70, and the remainder of KRW 3,223,70,00 from June 1, 2012 to September 25, 2014, which is the date following the deposit date.