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(영문) 인천지방법원 2020.06.11 2020가단202523
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. On March 17, 2005, the Defendants filed a lawsuit for recovery of inheritance against the Plaintiff and E, and on August 31, 2005, the following adjustments were concluded.

Conciliation Provisions

1. The plaintiff and E are jointly and severally with F to pay 73 million won to the defendants in division.

In other words, from October 2005 to September 2007, 200 million won (24 months and 4.8 million won in total) shall be paid on the 20th day of each month, and 400,000 won shall be paid on the 20th day of October 2007 to November 2021 (14 year - 2 months, 169 months, and 68 million won in total), and 200,000 won shall be paid on the 20th day of December 20, 2021.

2. If the plaintiff and E make a lump sum payment even once the above installment payment date is due (including cases where the payment is less than KRW 200,000 or KRW 400,00), the remainder of the principal unpaid on the day following the due date of installment payment shall be paid in lump sum, plus damages for delay calculated at the rate of 20% per annum with respect to the whole amount of the principal unpaid from the following day to the date of full payment.

3. The Defendants waive the remaining claims against the Plaintiff and E.

4. The costs of the lawsuit and the conciliation between the Defendants and the Plaintiff and E shall be borne by each party.

B. The Defendants filed an application for entry in the defaulters’ list with the Suwon District Court based on the instant protocol of mediation against the Plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. Since it is apparent that ten years have passed since the Defendants filed a lawsuit for recovery of inheritance as the cause of the Plaintiff’s claim, the obligations under the instant conciliation protocol against the Defendants were extinguished by prescription. Therefore, compulsory execution under the instant conciliation protocol shall be dismissed.

B. We examine whether the obligation under the instant protocol has expired by prescription.

According to the conciliation clause of this case, the plaintiff would lose the benefit of time in the event that the plaintiff takes the payment period at one time.

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