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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 29, 2008, the Defendant issued the Suwon District Court Decision 2008Da114267 that “the Plaintiff shall pay to the Defendant 2,090,000 won and the amount calculated by the rate of 20% per annum from October 15, 2007 to the date of full payment (the cause of the claim is the claim for wages),” and that “the Plaintiff shall pay to the Defendant 1,420,000 won and the amount calculated by the rate of 20% per annum from December 24, 2011 to the date of full payment,” each of the above decisions on performance recommendation became final and conclusive as is, respectively.
B. On February 5, 2013, the Plaintiff and the Defendant agreed that the Plaintiff paid KRW 9,00,000 to the Defendant with respect to the obligations of KRW 5,848,337 in arrears and the obligation of KRW 6,095,00 in borrowings, and KRW 11,943,337, a total of KRW 11,93,37 in borrowings, and the Plaintiff paid KRW 400,000 in installments each month from the end of February 2013, and the payment in installments shall lose the benefit of time when delay at once, and the Plaintiff shall accept the Defendant’s compulsory execution based on the previous judgment.
(hereinafter referred to as “instant agreement”). C.
Accordingly, the Plaintiff paid KRW 400,00 to the Defendant on February 4, 2013, KRW 400,000 on March 3, 2013, KRW 200,000 on September 6, 2013, KRW 400,000 on October 17, 2013, KRW 400,000 on December 12, 2013, KRW 400,000 on December 23, 2014, KRW 80,000 on January 23, 2014, KRW 200,000 on February 24, 2014, KRW 40,00 on March 31, 2014, KRW 400,00 on September 40, 2014, KRW 4000 on June 40, 200,00.
On September 29, 2014, the Defendant seized corporeal movables listed in the attached list owned by the Defendant as KRW 2,205,863 of the claimed amount based on the instant decision of performance recommendation.
(hereinafter “Compulsory Execution of this case”). 【No ground for recognition”, 【No evidence of Nos. 1 through 4, and Nos. 1 and 2, and the purport of the whole pleadings.
2. Determination on the cause of the claim
A. The summary of the Plaintiff’s assertion is that compulsory execution of this case against the agreement of this case shall not be permitted, and the Plaintiff shall be KRW 6 million from the Defendant.