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(영문) 수원지방법원안산지원 2014.11.06 2014가단4941
청구이의
Text

1. The Defendant’s damage compensation case, such as the return of vehicle prices to the Plaintiff, etc. by the Suwon District Court Branch 2013 Ghana29480.

Reasons

1. The following facts may be found either in dispute between the parties or in each entry in Gap evidence 1 to 3, either as a whole, as a whole, of the purport of the entire pleadings:

On May 2013, the Defendant filed a lawsuit against the Plaintiff and C for the claim of damages, such as the return of vehicle prices.

(U) On November 6, 2013, the Plaintiff and C jointly and severally paid KRW 4,00,000 to the Defendant of this case by November 30, 2013. If the Plaintiff and C fail to pay the said money by the payment date, a decision of recommending reconciliation was made with the purport that the amount unpaid plus damages for delay calculated at the rate of 20% per annum from the date following the payment date to the date of full payment. The said decision of recommending reconciliation became final and conclusive on November 29, 2013.

B. On February 5, 2014, upon the Defendant’s application, a decision to commence compulsory sale of a motor vehicle for Done Star motor vehicle owned by the Plaintiff was rendered.

(Ogsan District Court E). (c)

On February 14, 2014, the Plaintiff deposited KRW 4,166,575 (i.e., principal 4,00,000,000) (i.e., delay damages calculated by 20% per annum from December 1, 2013 to February 14, 2014) with the Defendant as the principal deposited as the principal (i.e., KRW 16,575,00).

(U) In full view of the above facts of the judgment on February 2, 2014, the Plaintiff’s obligation pursuant to the above Reconciliation Recommendation Order against the Defendant is recognized as extinguished by the Plaintiff’s deposit as above.

Therefore, compulsory execution based on the defendant's above decision of recommending reconciliation against the plaintiff should be rejected.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.

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