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(영문) 서울서부지방법원 2019.08.23 2017가단230980
청구이의
Text

1. The Defendant’s KRW 23,771,872 as well as the Plaintiff’s KRW 15% per annum from June 29, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The following voluntary conciliation was established in Seoul Western District Court No. 2014Kadan5718 against the Plaintiff in the case of the purchase price for goods at the Seoul Western District Court No. 2015Na31074, the appellate court.

The Defendants (including the Plaintiff) shall jointly and severally pay KRW 35,00,000 to the Plaintiff (the Defendant in this case), and KRW 10,000,000 shall be paid until May 10, 2015, and the remainder KRW 25,00,000 shall be paid from June 30, 2015 to KRW 1,00,000 as of the end of each month.

If the Defendants fail to pay the amount already paid in installments not less than three times, the Defendants shall lose the benefit of the time, plus penalty of 20,000,000 won to the remainder, and shall pay the amount calculated by adding up 20% interest per annum from the following day to the date of full payment.

On May 10, 2015, the Plaintiff received KRW 10,000,000 from May 10, 2015, and simultaneously cancelled the execution of provisional seizure with the preservation bond of this case, and withdraw the application.

The plaintiff waives the remaining claims.

The total costs and expenses for conciliation shall be borne by each person.

B. The details (total 36 million won) of the amount repaid by the Plaintiff to the Defendant pursuant to the above mediation protocol are as follows.

1) The date and amount of reimbursement for the remainder of the money before May 10, 2015 is as follows:

(1) On June 23, 2015, one million won was paid.

C. On July 21, 2017, the Defendant, with the title of execution, received a claim attachment and collection order as to the credit sales price, etc. against the third obligor C, etc. as to the Plaintiff’s third obligor C, etc., and received a collection order.

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