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(영문) 울산지방법원 2018.07.18 2017가단70436 (1)
청구이의
Text

1. The defendant's mediation protocol for the damage compensation case 2016da60197 against the plaintiffs of this court is based on the mediation protocol.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant, on June 1, 2017, paid jointly and severally KRW 20 million to the Defendant in this Court’s damages claim (hereinafter referred to as “instant damages claim”) on June 1, 2017, with the payment of KRW 10 million up to August 31, 2017, and with the remainder of KRW 10 million up to September 30, 2017. If the Plaintiffs are unable to pay the said amount by the payment date, they shall lose the benefit of time and pay the unpaid amount in addition to the damages for delay calculated at the rate of 15% per annum from the day following the due date to the date of full payment. 2. The Defendant and the Plaintiffs verify that there was no sales contract for the amount of KRW 496 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, and KRW 770 square meters in Ulsan-gun, with the exception of paragraph (1), the remainder arising from the waiver and adjustment of the litigation costs and the charges incurred by the Defendant.”

B. On behalf of the Plaintiffs, Plaintiff B paid KRW 10 million to the Defendant on August 30, 2017 in accordance with the aforementioned mediation protocol.

C. On November 6, 2017, the Plaintiffs filed an application for the determination of the amount of litigation costs in relation to the above case of compensation for damages (as to the damages) and received a decision from this court that “the respondent (Defendant) is to pay to the applicants (Plaintiffs) as KRW 1,407,240, respectively, and the said decision became final and conclusive on November 16, 2017.”

On November 14, 2017, Plaintiff B, on behalf of the Plaintiffs, set off KRW 1,407,240 and KRW 2,814,480,720, total of the litigation cost reimbursement claim against the Defendant that Plaintiff B received from the Defendant and KRW 1,407,240, and KRW 2,814,721,720, based on the annual rate of 15% until the payment is made to the Defendant pursuant to the above mediation protocol, and the remainder after deducting the above amount.

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