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(영문) 부산지방법원 2017.12.19 2017가단319862
청구이의
Text

1. The defendant's protocol for the mediation of the construction cost case No. 2016da47863 against the plaintiff is based on the Busan District Court.

Reasons

1. Basic facts

A. In Busan District Court Decision 2016Da47863, which the Defendant filed against the Plaintiff, the conciliation was concluded on January 19, 2017, and “the Plaintiff shall pay the Defendant KRW 32 million up to February 20, 2017. If the Plaintiff fails to pay the said amount by the payment date, the Plaintiff shall pay the unpaid amount by adding the amount at the rate of 15% per annum from February 21, 2017 to the date of full payment” (hereinafter “instant conciliation protocol”).

B. On February 22, 2017, the Plaintiff paid KRW 1.2 million to C on behalf of the Defendant on the same day, and paid KRW 17 million to the Defendant on the same day.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. After the plaintiff's assertion is settled, 1.2 million won shall be paid to C on behalf of the defendant, and 1.7 million won shall be paid to the defendant, such as paying 15.8 million won to the defendant, and as a result, 15 million won shall be paid to the limited partnership sex industry that performed the construction work with the defendant's consent, and as a result, 32 million won under the conciliation protocol of this case shall be fully paid, compulsory execution under the conciliation protocol of this case shall be denied.

3. The fact that on February 22, 2017, the Plaintiff paid the sum of KRW 1.2 million to C on behalf of the Defendant and KRW 17 million to the Defendant, including KRW 15.8 million, following the conclusion of the mediation, is as seen earlier.

However, it is not sufficient to recognize that the Plaintiff paid KRW 15 million to the limited partnership sexual father industry that performed the construction work as a repayment amount pursuant to the instant conciliation protocol with the consent of the Defendant after the conciliation was completed, only the descriptions and images of evidence Nos. 3 through 7, and witness D’s testimony, and there is no other evidence to acknowledge it.

On the other hand, the Plaintiff paid on February 22, 2017, which was later than February 20, 2017, KRW 17 million, out of KRW 32 million stipulated in the instant protocol of mediation.

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