2014 Single178 Objection

A

B

February 25, 2015

March 11, 2015

1. The defendant's compulsory execution against the plaintiff in the Jeonju District Court of the Jeonju District Court of the Republic of Korea is denied based on the conciliation protocol of the loan claim case.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Basic facts (founded for recognition: Confession);

A. The Defendant filed a lawsuit against the Plaintiff on the claim for loans with this Court No. 2012 Ghana7360, and on August 29, 2012, the conciliation was concluded that “the Defendant shall pay the Plaintiff KRW 7,000,000 to the Plaintiff up to December 31, 2012. If the Defendant fails to pay the above amount by the payment date, the amount of the unpaid amount plus the damages for delay calculated at a rate of 20% per annum from the date following the date of payment to the date of full payment.”

B. On November 28, 2014, the Plaintiff deposited KRW 10,541,351, including the Defendant’s claim amount, delay damages, and expenses for enforcement on the part of the Plaintiff’s real estate to Daejeon District Court C, based on the above protocol of mediation, and the Plaintiff deposited KRW 10,541,351.

2. Determination

According to the above facts, the defendant's loan claims against the plaintiff under the above conciliation protocol were entirely extinguished by the plaintiff's deposit for repayment as above.

3. Conclusion

Therefore, the plaintiff's claim of this case seeking the exclusion of the executory power of the above mediation protocol is reasonable, and it is so decided as per Disposition.

Judges Hong-seop