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1. The judgment of the court of first instance is modified as follows.
Jeju District Court 2009Gahap2626 delivered on June 26, 2026.
Reasons
1. Basic facts
A. On August 23, 2010, the Jeju District Court 2009Gahap2626 case between the plaintiffs and the defendant constituted conciliation as follows.
1. The Plaintiffs (A, B) shall be jointly and severally paid to the Defendant (the designated parties at the time, C, and C) KRW 70 million by February 28, 2011, on a condition that:
(a) pays 20 million won by October 31, 2010;
(b) by 20 million won until December 31, 2010;
(c) The remainder of KRW 30 million shall be paid until February 28, 2011.
2. However, until February 28, 2011, the plaintiffs No. 1-A.
paragraphs 1 and 2.
If the payment date of each contract is not complied with, the remaining amount as at the date of each contract shall be paid by adding 20% interest per annum to the Defendant for delay from the following day to the date of full payment. If the Plaintiffs fail to fully pay the Defendant the amount of KRW 70 million and delay damages added, the Plaintiffs shall pay to the Defendant the amount calculated by adding 30 million interest per annum to the remaining amount at the time of each contract and 20% interest per annum from March 1, 201 to the date of full payment.
B. The Defendant filed a petition for compulsory execution against the Plaintiff’s corporeal movables to receive money following the above conciliation, and filed a complaint against the Plaintiff for evasion of compulsory execution, invalidation of a secret indication on official duty, etc. in order to conceal the seized articles by the Plaintiff A.
C. On October 24, 2013, the Defendant received KRW 20 million from the Plaintiff and drafted the following agreements (hereinafter “instant agreement”).
The defendant of the written agreement and the plaintiff A shall agree on October 24, 2013 with respect to the mediation protocol in relation to the claim for the agreed amount as follows in the Jeju District Court Decision 2009Ha2626 dated October 24, 2013.
1. The plaintiff A paid KRW 20 million to the defendant on this day as part of the debt amount under the above mediation protocol, and the defendant received the above KRW 20 million.
2. Until February 28, 2014, Plaintiff A shall be entitled to the Defendant not later than the gold day out of the amount of obligation under the above conciliation protocol.