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(영문) 수원지방법원안산지원 2020.04.23 2019가단78749
청구이의
Text

1. It is based on the conciliation protocol of the case in Suwon District Court 2014Kadan17427 against the Plaintiff by the Defendant.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff in installments against the Plaintiff as the Suwon District Court Branch Branch 2014da117427. On April 27, 2015, the Plaintiff and the Defendant paid the Plaintiff (the Plaintiff of this case) KRW 55,00,000 to the Plaintiff (the Plaintiff of this case) and KRW 10,000,000 until July 31, 2015, KRW 20,000 until October 31, 2015, and KRW 25,00,000,000 until December 31, 2015, respectively: Provided, That even if the Defendant delays the payment once, the Defendant shall immediately lose the interest of the period and shall pay the remainder at the same time, and the amount of damages for delay calculated by adding a rate of 20% per annum from the following day to the date of complete payment, etc. to the date of late payment.”

(hereinafter referred to as the “instant protocol of mediation”). B.

The Plaintiff paid KRW 10,00,000 to the Defendant on July 31, 2015, and paid each relevant money in the column for repayment of appropriated information in the attached amount calculation table from November 2, 2015 to November 22, 2019 (limited to the part from November 2, 2015 to November 22, 2019).

C. On December 2, 2019, the Defendant received a seizure and collection order (hereinafter “instant collection order”) with respect to the Plaintiff’s wage claim against Suwon District Court as the enforcement bond, KRW 52,158,011, as stipulated in the instant conciliation protocol, as the Suwon District Court Branch Branch Branch 2019TT 34218.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. A. Around May 2016, the summary of the Plaintiff’s assertion reached a verbal agreement to pay KRW 400,000 per month to the Defendant and the time (i.e., KRW 55,000,000 - KRW 18,000,000) without interest, and accordingly, even if the Defendant paid KRW 17,20,000 per month for the period from around November 43, 2019 to November 43, 2019, the Defendant received the instant collection order based on the instant conciliation protocol.

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