logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.06.15 2015가단33239
청구이의
Text

1. The defendant has the power to execute the plaintiff, such as the Suwon District Court's Ansan Branch 2015 Ghana 15310.

Reasons

1. On August 19, 2015, where the Defendant claimed against the Plaintiff one million won and damages for delay from April 21, 2011, the following adjustment was concluded on August 19, 2015 at this Court Goyang-Support 2015 Ghana15310.

(hereinafter “instant protocol of mediation”). 1. The Plaintiff shall pay KRW 7 million to Defendant B until August 25, 2015. If Plaintiff A fails to pay the said amount by the payment date, then the Plaintiff shall pay the remainder after deducting the amount already paid from KRW 1 million to Defendant B at the rate of 20% per annum from the following day to the date of full payment.

2. The defendant B waives the remainder of the claim.

On August 25, 2015, the Plaintiff deposited seven million won in the Defendant pursuant to Article 487 of the Civil Act, based on the fact of deposit that “The Plaintiff refused to receive the account number of a third party by informing the account number of the third party.”

(1) The Defendant applied for a seizure and collection order on October 2, 2015, according to the instant protocol of conciliation with respect to the Plaintiff’s higher-class claim against the Kanwon District Court, the Kanwon District Court rendered an order of seizure and collection on the following: (a) the Defendant applied for a seizure and collection order against the Plaintiff’s higher-class engineering architectural firms; and (b) the seizure and collection order was determined on October 2, 2015.

On November 26, 2015, the Plaintiff was rendered a decision to suspend compulsory execution with the purport that “the compulsory execution based on the executory exemplification of the instant protocol shall be suspended until the instant judgment is pronounced” by this Court No. 2013Kadan176.

【Ground for Recognition: Each entry of Gap evidence Nos. 1 through 3 and the purport of the whole pleadings】

2. According to the above facts finding as to the cause of claim, the Plaintiff’s obligation pursuant to the instant conciliation protocol against the Defendant is deemed to have ceased to exist when the Plaintiff deposits the above repayment. Therefore, barring any special circumstance, compulsory execution pursuant to the instant conciliation protocol shall be dismissed.

3. Judgment on the defendant's assertion

A. The defendant's assertion.

arrow