beta
Text
1. An executory exemplification of the decision rendered by the Defendant against the Plaintiff in the Jeonju District Court 2013Kao155.
Reasons
1. Facts of recognition;
A. On July 21, 2010, the Defendant filed a lawsuit against the Plaintiff for share acquisition price claim with the Jeonju District Court 2010Kahap4102, and the Defendant won the case, and the Plaintiff appealed with the Gwangju High Court 201Na2802, but the Plaintiff’s appeal was dismissed on February 7, 2013.
Accordingly, the Plaintiff appealed to the Supreme Court Decision 2013Da16565, but the appeal was withdrawn on March 27, 2013 and became final and conclusive as it is.
B. On December 24, 2010, Nonparty C, a Plaintiff operated, filed a lawsuit against the Defendant, including a loan, with the Jeonju District Court 2010Kahap7408, and the Plaintiff partly won the lawsuit, and the Defendant appealed with the Gwangju High Court 2013Na2035, but the said judgment of winning the lawsuit became final and conclusive by withdrawing the appeal on October 15, 2013.
C. On August 16, 2013, the Defendant filed an application with the Jeonju District Court for the determination of the amount of litigation costs with the Jeonju District Court 2013Kada155, and rendered a ruling on August 16, 2013 that “The amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant based on the judgment of the Jeonju District Court 2010Kahap4102, Gwangju High Court 201Na2802, the lower court determined that the amount of litigation costs that the Plaintiff is KRW 19,326,390” (hereinafter “determination of the amount of litigation costs of this case”).
After October 2013, the Plaintiff and the Defendant drafted a written agreement on the following matters with respect to disputes arising between them:
Article 2 [Matters Agreed] (1) The Plaintiff agrees to pay to the Defendant KRW 619,723,421 as a sum of the acquisition price of shares and execution cost in connection with a claim for share acquisition price of the Jeonju District Court 2010Gahap4102.
② The Defendant shall have the Gwangju District Court out of KRW 199,263,417, which was collected based on the seizure and collection order of Gwangju District Court 201TTTT 241 and KRW 520,000,000, which was deposited by the Plaintiff at the Jeonju District Court in KRW 4249 in 201.