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1. On January 16, 2019, the Defendant’s compulsory execution against the Plaintiff is 40,000,000 won according to the conciliation protocol of this Court 2018 money13642 case.
Reasons
1. The Defendant filed an application for a payment order with the Plaintiff, but the case was implemented as the instant conciliation. On January 16, 2019, “the Plaintiff shall pay KRW 50,000 to the Defendant on three occasions, which shall be paid KRW 20,000,000 on January 30, 2019, KRW 15,000,000 on February 28, 2019, and KRW 15,000,000 on March 31, 2019, respectively, shall be paid, and even once the Plaintiff paid the said installment, the payment shall lose the benefit of time and division, thereby losing the amount payable and losing the benefit of time, plus interest at 15% per annum from the day following the day of full payment, and the Defendant shall not file an application with the Plaintiff for a voluntary conciliation or recognize a dispute between the Plaintiff and the Defendant with the content that the withdrawal of enforcement of the said installment shall be withdrawn within seven days from the date of receipt from the Plaintiff.”
2. The parties' assertion
A. After the mediation of this case’s assertion of the cause of claim was completed, the Plaintiff agreed with the Defendant to pay KRW 70 million in addition to KRW 50 million upon the Defendant’s request. Since the Plaintiff paid KRW 40 million on January 30, 2019, KRW 20 million on February 28, 2019, and KRW 70 million on March 31, 2019, the enforcement force under the instant mediation protocol shall be excluded.
B. The plaintiff alleged by the defendant agreed to pay the defendant a total of KRW 1,20,000,000 by additionally paying KRW 70,000,000 as well as KRW 50,00 as stated in the mediation protocol of this case. Among them, the plaintiff paid only KRW 80,00,00,000, which
3. Facts and determination recognized
A. In full view of the following circumstances acknowledged by comprehensively taking account of the descriptions of Gap evidence Nos. 3, Eul evidence Nos. 1-7 and the purport of the entire pleadings in the voice, the plaintiff was up to March 31, 2019 to the defendant at the time of the instant conciliation.