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The Seoul Central District Court 2012Gada1019913 against the plaintiff is based on the protocol of mediation of the case.
Reasons
1. Basic facts
A. C filed a lawsuit against the Plaintiff for the return of the amount of a lump sum return with the Seoul Central District Court 2012 Ghana101913. On April 19, 2013, the conciliation was concluded that “The Plaintiff shall pay C 16,600,000 won up to May 31, 2013, and if the Plaintiff delays the payment of the said amount, the Plaintiff shall pay C 15% interest per annum from June 1, 2013 to the date of full payment.”
(hereinafter “instant protocol of mediation”). B.
C transferred the claim confirmed under the instant protocol to the Defendant, and the Defendant obtained an execution clause to succeed to the instant protocol and applied for a compulsory auction of real estate to the Seoul Northern District Court D for the real estate of the Plaintiff.
C. On May 28, 2020, the Plaintiff deposited KRW 32,729,630, which deducts the Plaintiff’s partial repayment of KRW 2,50,000,00 as the principal and interest of the claim, KRW 34,09,590, and KRW 1,220,040, total of KRW 35,229,630, as the principal and interest of the claim confirmed under the instant conciliation protocol, as the principal and interest of the claim pursuant to the instant conciliation protocol, as the principal and interest of the Defendant, and KRW
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. The Plaintiff asserted that: (a) the Defendant paid KRW 1,00,000 on November 11, 2019, and KRW 1,500,000 on February 13, 2020; and (b) the remainder of the obligations and enforcement costs of KRW 32,729,630 on deposit on May 28, 2020; and (c) the obligation under the instant protocol ought to be entirely extinguished; and (d) the enforcement under the instant protocol ought to be denied.
The defendant asserts that the defendant did not have received reimbursement of KRW 1,00,000 on November 11, 2019, and that since the execution cost was not fully repaid, the defendant's reservation of objection and the deposit received was partially repaid.
3. Determination
A. The fact that the Plaintiff paid KRW 1,500,000 to the Defendant on February 13, 2020 is not a dispute between the parties.
However, on November 11, 2019, the Plaintiff KRW 1,000,000 to the Defendant.