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(영문) 서울중앙지방법원 2015.08.26 2014가단111786
청구이의
Text

1. The defendant's statement against the plaintiff is based on the Seoul Central District Court 2009Kadan249182.

Reasons

1. On the premise that the Defendant brought a lawsuit against the Plaintiff for the claim for collection amount under Seoul Central District Court 2009Kadan249182, which constituted conciliation as follows in the above case:

(hereinafter “instant protocol”). The Defendant shall pay the Plaintiff KRW 100 million, on condition that the payment shall be made by dividing the amount of KRW 30 million up to January 31, 2010 and KRW 70 million up to February 28, 2010.

(Methods of Payment: Transfer to the Bank C Savings Account B. If the Defendant fails to pay the said money by February 28, 2010, the unpaid money shall be paid by adding 10% interest per annum to the date of full payment from the following day to the date of full payment.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion: (a) paid to the Defendant KRW 30 million on January 29, 2010; and (b) paid KRW 70 million on or before December 23, 2012 on or before several occasions; and (c) repaid the remainder KRW 30 million on or before December 23, 2012; (d) the entire obligation under the instant conciliation protocol has become extinct; and (e) compulsory execution under the instant conciliation protocol ought to be denied.

B. In full view of the purport of the arguments set forth in subparagraph 1-1 through 7, the Plaintiff is deemed to have repaid KRW 89,00,000 to the Defendant on nine occasions from January 29, 2010 to December 24, 2012 as listed below, and the Defendant is the person who has been first appropriated for the principal. The amount of the repayment as of January 29, 2010 exceeds KRW 30,000,000 on March 31, 2010; KRW 10,000,000 on March 31, 20, 200; KRW 10,000 on March 10, 200; and KRW 10,000 on August 12, 200, 2000; and KRW 16,000 on June 16, 2010; and

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