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(영문) 부산지방법원 2016.02.05 2015가단32703
청구이의
Text

1. The defendant's protocol of conciliation against the plaintiff was made on January 15, 199 by Busan District Court 98Da77549.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff and C seeking payment of damages due to an automobile accident as Busan District Court 98Da77549.

The above case was concluded on the date of settlement as of January 15, 1999 (hereinafter “the settlement in this case”). The contents jointly with the Plaintiff and C shall be paid KRW 1,50,000 to the Plaintiff by February 5, 199, but on which occasion, the damages for delay calculated at the rate of 25% per annum from February 6, 1999 to the date of full payment shall be additionally paid, and the remainder of the claims shall be waived.

B. Since then, in 2008, the Defendant filed an application for compulsory execution against the Plaintiff’s corporeal movables with Busan District Court Decision 2008Da5682, and the Plaintiff filed a suit against the Defendant for quasi-adjudication under the Busan District Court Decision 2008Kadan89 on September 1, 2008 (the purpose of the suit is to file an objection). On the same day, the Plaintiff filed an application for a stay of compulsory execution with the Busan District Court Decision 2008Kaga2416 on the same day.

C. On September 3, 2008, the above court decided to suspend compulsory execution on the condition that the plaintiff deposited KRW 530,000 for the defendant, and the plaintiff deposited it.

On November 18, 2008, the mediation between the Plaintiff and the Defendant (hereinafter “instant mediation”) was established on the date of mediation of the instant quasi-deliberation case.

【Contents of the Conciliation of the instant case (Indeption)】

1. The plaintiff shall pay 530,000 won to the defendant by November 28, 2008, and shall be paid when the security under the following 4.

2. The defendant shall withdraw the case against the plaintiff for the application for seizure of corporeal movables (No. 2008No. 5682) from this court.

3. The plaintiff withdraws the lawsuit of this case, and the defendant consents thereto.

4. By November 28, 2008, the defendant consented to the cancellation of the security provided by the plaintiff as to a case of applying for a compulsory execution suspension as of September 3, 2008 by this court against the plaintiff, and shall not file an appeal against the revocation decision.

E. The defendant

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