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(영문) 수원지방법원성남지원 2020.08.21 2019가단215820
채무부존재확인
Text

1. The defendant's Suwon District Court 2008Kadan81486 case is based on the mediation protocol dated November 28, 2008.

Reasons

1. Basic facts

A. In Suwon District Court Decision 2008Gadan81486, which the Defendant filed against the network E, conciliation was concluded that “the deceased shall pay 36.5 million won to the Defendant by March 31, 2009, but if the payment of the above money is delayed, the amount of interest calculated at the rate of 20% per annum from April 1, 2009 to the date of full payment shall be paid plus the interest in arrears calculated at the rate of 35 million won per annum.”

(A) The protocol in which the objection is described is referred to as the “instant protocol of mediation”). (b)

The Deceased died in around 2015, and the Plaintiff B and C, the husband of the Deceased, inherited the deceased’s obligations according to the instant conciliation protocol.

C. The Deceased and the Plaintiff A remitted total of KRW 15.9 million to the Defendant as interest from June 10, 2012 to June 10, 2019.

Meanwhile, on June 11, 2019, the Plaintiffs deposited KRW 35 million at the Suwon District Court No. 6250, 2019, in order to eliminate provisional seizure conducted by the Defendant based on the claim under the instant protocol of mediation.

After that, the defendant filed an application with the Suwon District Court 2019TTT19244, which made the plaintiffs as the debtor, and the Republic of Korea as the third debtor, for the attachment and assignment order of the claim to transfer the provisional seizure on the right to claim the return of the deposit. The assignment order issued by the court reached the third debtor on November 22, 2019.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including paper numbers), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Under the premise that the agreement between the Defendant and the Deceased to reduce the damages for delay among the obligations under the instant conciliation protocol was concluded in around 2012, the gist of the Plaintiffs’ assertion was that the agreement was made between the Defendant and the Deceased (hereinafter “instant agreement”), the Deceased and the Plaintiffs were faithfully repaid as damages for delay the sum of KRW 15.9 million from June 10, 2012 to June 10, 2019 according to the instant agreement, and the amount of the deposit was paid by the Defendant.

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