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(영문) 서울중앙지방법원 2014.07.02 2013가단5116758
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is based on the Seoul Central District Court Decision 2012Kadan253143 Decided January 22, 2013.

Reasons

1. Basic facts

A. On January 22, 2013, the Defendant filed a lawsuit against the Plaintiff on the claim for service cost (Seoul Central District Court Decision 2012Da253143), and the said court served all relevant documents on the Plaintiff by public notice, and rendered a favorable judgment (as regards KRW 92.7 million and its interest, KRW 6% per annum from August 31, 2009 to December 7, 2012, and KRW 20% per annum from the next day to December 7, 2012).

B. On March 20, 2013, the Plaintiff identified the foregoing facts and filed an appeal for subsequent completion on March 20, 2013 (Seoul Central District Court 2013Na2012). On April 12, 2013, the Plaintiff transferred KRW 8 million to the Korea Credit Information Company, which was delegated by the Defendant with debt collection on several occasions on April 12, 2013, and then withdrawn the appeal for subsequent completion on April 22, 2013.

C. The agreement between the plaintiff and the defendant was prepared in the order of three of the following, and the agreement of April 5, 2013 and the agreement of April 9, 2013, respectively signed and sealed by the plaintiff and the defendant, respectively, and the document divided by one of the following (the original and the defendant's seal is affixed to each document). The confirmation of debt exemption as of April 9, 2013 is written on the retroactive date of April 12, 2013 and signed and sealed respectively by the plaintiff, the defendant and the Korea Credit Information Company, respectively, and only one of the two of the above agreements are not signed.

The Plaintiff and the Defendant, on April 5, 2013, shall prepare two copies of this Agreement in relation to the service charges case of Seoul Central District Court 2012Kadan253143, and keep one copy of each Agreement in order to prove the following original agreement:

- - Sound

1. The Plaintiff shall pay the Defendant KRW 15 million up to June 30, 2013, KRW 15 million up to August 30, 2013, KRW 15 million up to August 30, 2013, and KRW 20 million up to October 30, 2013.

2. On the same recommendation, the Seoul Central District Court withdraws both the compulsory execution procedure based on the final and conclusive judgment of the lawsuit claiming service costs (Seoul Central District Court Decision 2012Da253143).

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