(영문) 대전지방법원홍성지원 2019.01.17 2018가합579

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(영문) 대전지방법원홍성지원 2019.01.17 2018가합579

청구이의

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1. The Defendant’s red support against the Plaintiff was based on the Daejeon District Court Decision 2017Gahap756 Decided September 28, 2017.

Reasons

1. Basic facts

A. On July 18, 2017, the Defendant filed a lawsuit against the Plaintiff on the ground that “C acquired a loan claim of KRW 280 million against the Plaintiff on April 21, 2017,” and the Daejeon District Court Hongsung Branch Branch of 2017Gahap756, and the said court paid to the Defendant the amount calculated at the rate of KRW 24% per annum from April 21, 2017 to the date of full payment.” The said judgment became final and conclusive on October 25, 2017, on September 28, 2017, that “The Plaintiff paid to the Defendant the amount of KRW 280,000,000 and the amount of KRW 24% per annum from April 21, 2017 to the date of full payment.”

(hereinafter “the final judgment of this case”). (b)

On November 20, 2017, the Plaintiff and the Defendant: (a) paid KRW 200 million to the Defendant in four installments until September 25, 2018; and (b) the Defendant agreed to waive the remainder of the judgment without undergoing compulsory execution based on the final judgment of the instant case, if the Plaintiff fully pays the installment payments, on the following terms:

(hereinafter “instant agreement”). Agreements

1. The Plaintiff shall be paid KRW 200 million to the Defendant; among them, KRW 30 million shall be paid up to November 22, 2017; and KRW 20 million shall be paid up to December 29, 2017; and KRW 50 million shall be paid up to March 15, 2018; KRW 50 million shall be paid up to June 15, 2018; and KRW 50 million shall be paid in installments, respectively.

2. Interest shall be paid at least 3.4 million won until December 29, 2017, and interest at the rate of 2.0% per month shall be paid for any balance of obligations thereafter.

3. The above installment payments may be made first if the Plaintiff prepared money even before the due date.

4. If the Plaintiff delays one of the above payment dates, 2017Gahap756 is recognized, and the Defendant shall enforce the said judgment by compulsory execution.

6. In the event that all of the installment payments under the foregoing paragraph (1) are repaid, the defendant will not be subject to compulsory execution by the decision of the transfer money, and the above decision shall be made in full.

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