(영문) 대전지방법원 2019.05.30 2018나3630 | 리걸엔진

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(영문) 대전지방법원 2019.05.30 2018나3630

청구이의

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1. Revocation of the first instance judgment.

Daejeon District Court 2007Da53355 Decided the defendant's objection against the plaintiff.

Reasons

1. Basic facts

A. On March 26, 2008, the following conciliation was concluded between the Plaintiff and the Defendant in the Daejeon District Court 2007Kadan5355 case of objection

(A) The protocol stating the purport of the establishment of the conciliation (hereinafter “instant conciliation protocol”). The Plaintiff shall pay the Defendant a sum of KRW 4 million in the amount of KRW 4 million in the account in the name of the Defendant by April 30, 2008. If the Plaintiff fails to pay the said amount by the payment date, the Plaintiff shall pay the unpaid amount in addition to damages for delay at the rate of 20% per annum from the date following the date of payment to the date of full payment.

Upon receiving the above money, the Plaintiff and the Defendant confirmed that there was no debt owed to the Defendant on August 9, 2007 based on the original copy of the executory execution recommendation decision case of Daejeon District Court 2007Gau139406, Daejeon District Court 2007, and the Defendant agreed not to enforce compulsory execution on the Plaintiff’s property in the future.

B. According to the instant protocol, the Defendant applied for compulsory auction of real estate owned by the Plaintiff with the amount of “4 million won and damages for delay at the rate of 20% per annum from May 1, 2008 to the date of full payment” as the claim amount.

The Seoul Northern District Court F, F, and the procedure for compulsory auction commenced accordingly is called the procedure for compulsory auction of this case.

(i) [Facts without dispute over the grounds for recognition, entries in Gap evidence 1 and 2, the purport of the whole pleadings.

2. According to the evidence evidence No. 24, the Plaintiff deposited KRW 16,759,155 with the Daejeon District Court Decision No. 2425 on April 5, 2019 as the Defendant’s claim amount of KRW 4 million in the process of compulsory auction of this case and damages for delay, KRW 8,743,738 (the amount calculated by the rate of 20% per annum from May 1, 2008 to April 5, 2019), execution expenses of KRW 4,015,417, total of KRW 16,759,155.

As of April 5, 2019, the deposit date, this case.

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