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(영문) 수원지방법원안산지원 2016.12.07 2016가단14157
청구이의
Text

1. It is based on the original copy of the conciliation protocol in the case No. 2015Kadan939 against the Defendant’s Plaintiff.

Reasons

1. The facts below are without dispute between the parties or acknowledged in full view of Gap evidence Nos. 1 to 3, and Eul evidence No. 1, and there are no counter-proofs.

The Defendant filed a lawsuit against the Plaintiff in Suwon District Court’s Ansan Branch 2015Kadan939, and as a result, a voluntary adjustment was established between the Plaintiff and the Defendant that “the Plaintiff (the Plaintiff of this case) shall pay the Plaintiff (the Defendant of this case) KRW 2.5 million up to April 30, 2015, and if the payment is delayed, the payment shall be made in addition to the damages for delay calculated at the rate of 20% per annum from May 1, 2015 to the date of full payment.”

B. The plaintiff is the above A.

The defendant did not pay the amount set forth in the mediation of the claim, and the defendant paid the amount around October 29, 2015.

The protocol of mediation (hereinafter referred to as “instant protocol”) entered in the subsection (hereinafter referred to as “instant protocol of mediation”) was entered as an executive title and was ordered to commence a compulsory auction of real estate owned by the Plaintiff as the Seocho District Court’s territorial branch

(hereinafter “instant compulsory execution procedure”). C.

On June 13, 2016, the Plaintiff deposited KRW 3,061,643 with the Defendant as the principal deposit and deposited KRW 3,061,643 as the performance of the obligation stipulated in the instant conciliation protocol in Suwon District Court in 2016. The Defendant reserved and received the objection.

2. The parties' assertion

A. As the cause of the instant claim, the Plaintiff asserts that compulsory execution under the instant conciliation protocol should be denied, since the Plaintiff fully repaid the principal and interest of the obligation under the instant conciliation protocol with the above repayment deposit.

B. In regard to this, the Defendant required the expenses of KRW 1,880,416, including the expenses of KRW 650,000 for a certified judicial scrivener for the compulsory execution procedure of this case. Of the expenses, at least KRW 150,000 shall be recognized as the expenses of a certified judicial scrivener. Accordingly, the amount of the above repayment deposit shall be first 1,380,416 out of the above expenses.

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