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(영문) 인천지방법원 2018.04.17 2017가단43021
청구이의
Text

1. Compulsory execution against the Plaintiff by the Defendant based on the conciliation protocol for the construction cost case of the Incheon District Court 2017 money534.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff to seek payment of the construction cost as Incheon District Court 2016dan58040, and the above case was referred to the conciliation procedure (case number: Incheon District Court 2017Ma534) and the conciliation was concluded between the Plaintiff and the Defendant as stipulated under the following conciliation provisions.

(1) The term “Defendant” as set forth in the conciliation provisions below refers to the “Plaintiff” in this case, and the term “Plaintiff” as set forth in the conciliation provisions below refers to the “Defendant” in this case, and the term “relevant conciliation” in the above civil conciliation provisions

1. The Defendant shall pay the Plaintiff a gold of KRW 45,00,000,000, which shall be paid in installments from April 2, 2017 to June 14, 2017 by KRW 15,00,000 per month.

Provided, That if the defendant delays the payment of the above amount at one time, he/she shall lose the benefit of time, and shall pay the balance at one time, and he/she shall pay the amount at a rate of 15% per annum from the day following the delay to the day of full payment.

2. Payment of the above money is to be transferred to an account in the name of the Plaintiff’s intra-company director (CFF).

3. Upon receipt of the agreed amount of money from the Defendant, the Plaintiff shall immediately withdraw or apply for cancellation of provisional seizure of claims against the Defendant (Seoul Eastern District Court 2016Kadan202).

4. The plaintiff waives the remaining claims.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

6. The plaintiff and the defendant confirm that in relation to the instant case no longer exist in any obligation, including the other party's request for performance of defects, in addition to this conciliation clause.

B. The defendant recognized that all of the money stipulated in the mediation protocol of the relevant case was received on the date of pleading of the instant case.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The defendant's summary of the plaintiff's assertion is through the seizure and collection procedure of claims recognized in the mediation of related cases.

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