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(영문) 서울중앙지방법원 2019.11.08 2019가단5155007
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant’s claim 1) filed a lawsuit against Plaintiff on the ground of payment of insurance money due to the non-performance of the remaining goods contract, and on July 18, 2001, the Defendant rendered a judgment that “the Plaintiff shall pay to the Defendant 21,047,640 won and 13,090,000 won among them, 19% per annum from August 23, 1999 to May 6, 2001, and 25% per annum from the next day to the day of full payment” (Dasan District Court 2001Da350577, hereinafter “instant judgment”).

(2) Around that time, a payment order (hereinafter “instant payment order”) was issued on January 31, 201, stating that “the Plaintiff shall pay to the Defendant 49,318,810 won and 13,090,000 won among them, the amount calculated at the rate of 15% per annum from January 1, 2011 to the date of full payment.” The said payment order was finalized on April 6, 2011.

(Seoul Central District Court 201j. 17384, and the claim based on the payment order of this case is b).

On March 21, 2019, the Plaintiff entered into a repayment settlement agreement between the Plaintiff and the Defendant with the following content (hereinafter “instant agreement”).

1) The Plaintiff approved that the Defendant was liable for the insurance money paid on October 4, 1996 to C, the insured, and promised to pay the total sum of principal and interest in four installments as listed below. 2) The Defendant consented to the Defendant’s claim preservation measures (application for compulsory auction) against the real estate owned by the Defendant (Da apartment E in Busan Northern-gu, hereinafter “instant apartment”) and requested the postponement of the progress of the instant case until June 28, 2019.

3 If the reimbursement promise is not fulfilled at any time, I will not raise any objection against the defendant's additional measures.

The repayment date of the next installment shall be 2,000,000 two times on March 25, 2019 and three times on April 29, 2019, three times on April 20, 200,000.

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