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(영문) 의정부지방법원고양지원 2019.07.24 2019가단73792
청구이의
Text

1. The Defendant’s protocol for the conciliation of the loan case 2018da 83358 against the Plaintiff is written.

Reasons

1. The Defendant, based on the facts, filed an application for provisional seizure against the Plaintiff’s claim for a loan (178,300,000 won) against the Plaintiff as a preserved bond, regarding the sales deposit claim against the Plaintiff C Co., Ltd. (hereinafter “C”), and rendered a decision of provisional seizure on August 30, 2018 (hereinafter “provisional seizure”).

(Y) The Defendant filed a lawsuit against the Plaintiff on the claim for a loan (hereinafter referred to as the “instant conciliation”) with the Ui Government District Court 2018Kadan83358. On December 17, 2018, the following was established in the lawsuit (hereinafter referred to as “instant conciliation”).

1. The Plaintiff shall pay KRW 125,00,000 to the Defendant in 22 installments, as follows, to the agricultural bank account (number: D) in the name of the Defendant.

40,000,000 won by January 3, 2019 (at the same time, the defendant shall revoke an application for provisional seizure of claim 2018Kadan101403 with the High Government District Court 2018 Dadan101403)

(b) From February 5, 2019 to September 5, 2020, KRW 4,000 per month (total 20 occasions).

C. 5,00,000 won until October 5, 2020, if the Plaintiff delays the performance of the above installment payment obligation even once, the Plaintiff shall immediately lose the benefit of the time, and shall pay the unpaid amount plus damages for delay calculated by adding 15% per annum from the day following the date of loss of the benefit of the time to the day of full payment.

2. In the event that the Plaintiff either alters or disposes of the name of the instant business, he/she will be held liable for the criminal liability of fraud.

After that, on December 26, 2018, the defendant filed an application with the court for the rescission of the execution of the provisional seizure of this case, and on January 2, 2019, the decision to cancel the execution was served to C.

Accordingly, from C to January 4, 2019, around 09:34, the Plaintiff paid KRW 110,641,797 to the Plaintiff, and the Plaintiff paid KRW 40,000,000 to the Defendant around January 7, 2019.

The defendant asserts the claim amount of KRW 125,000,000 based on the instant conciliation protocol, and claims for sales proceeds against C by the plaintiff.

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