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1. The defendant's Cheongju District Court Decision 2005Gau39062 decided Nov. 15, 2005 against the plaintiff (appointed party) and the appointed party C.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit claiming a loan of KRW 9,865,00 against the Plaintiff (Appointed Party) and the Appointed C (hereinafter collectively referred to as the “Plaintiffs”), including Plaintiff (Appointed Party) and the Selected Party C, for the payment of the loan amount of KRW 9,865,00 and damages for delay. The court rendered a decision in lieu of the conciliation on November 15, 2005 that “the Plaintiff jointly and severally paid KRW 10,000,000 to the Defendant by June 30, 2006, jointly and severally, shall be paid to the Defendant until June 30, 2006: Provided, That if the Plaintiffs delay, it shall be paid by adding damages for delay at a rate of 24% per annum from July 1, 2006 to the date of full payment (hereinafter “instant decision”).
The decision of this case was finalized on December 8, 2005.
B. The Appointed C repaid the Defendant a total of KRW 10 million, including KRW 1 million on September 26, 2012, and KRW 9 million on October 16, 2012, upon the performance of the obligation under the instant decision.
C. On October 12, 2016, the Defendant filed an application for compulsory auction for the designated party C’s 1/2 shares among the Appointed apartment No. 102-dong No. 502 of the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, and the Daejeon District Court rendered a decision to commence compulsory auction (E) on October 13, 2016, with the amount of claim KRW 10,000,000 as well as interest at the rate of 24% per annum from July 1, 2006 to the date of full payment.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiffs' assertion and the defendant agreed to terminate the loan case No. 2005 Ghana39062 in this court and not to make any further claims, upon deposit of KRW 10 million to the defendant. Accordingly, the Appointor C repaid the total amount of KRW 10 million to the defendant.
Therefore, the claim following the instant decision was extinguished.
B. We examine the judgment, and any evidence supporting that the plaintiffs and the defendant have reached an agreement identical to the plaintiff's above assertion.