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(영문) 청주지방법원충주지원 2016.05.12 2015가단7414
청구이의
Text

1. The Cheongju District Court 2015Na1162 against the Defendant’s Plaintiffs is the executory protocol of the case.

Reasons

1. Basic facts

A. In the Cheongju District Court case 2015Na1162, Cheongju District Court 2015Na1162, the Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiffs”) adjusted that “the Plaintiff and the Defendant jointly and severally pay KRW 35,000,000 to the Defendant by November 1, 2015” (hereinafter “instant conciliation”).

B. On January 21, 2015, with respect to the above obligation against the Defendant, the Plaintiffs served a notice of the order of seizure and collection (to Jeju District Court 2015Tju Branch 2015Tju 205, creditor D), and on October 12, 2015 (to Cheongju District Court 2015Kadan1069, creditor E), and on October 26, 2015, the Plaintiffs executed KRW 35,000,000 as a result of the instant conciliation (hereinafter “the instant deposit”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, upon the deposit of this case, the plaintiffs' obligations against the defendant under the conciliation protocol of this case were repaid.

Therefore, compulsory execution based on the conciliation protocol of this case shall not be allowed.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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