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(영문) 수원지방법원 2017.02.16 2016가합3723
청구이의
Text

1. Compulsory execution against the Plaintiff by the Defendant based on the Suwon District Court 2014 Gohap60302, April 25, 2014.

Reasons

The defendant filed a lawsuit against the plaintiff as the Suwon District Court 2014 Gohap60302 against the plaintiff.

In the instant case, on April 25, 2014, the Plaintiff and the Defendant paid KRW 230 million to the Defendant on the basis that: (a) the Plaintiff shall pay KRW 80 million up to May 31, 2014; (b) KRW 80 million up to June 30, 2014; and (c) KRW 70 million up to July 31, 2014; and (d) if the said money is not paid at one time, the Plaintiff shall lose the benefit of the due date of installment payments; and (e) if the said money is not paid, an adjustment was made to pay the unpaid amount by adding the amount calculated at the rate of 20% per annum with respect to the unpaid amount from the date following the date of full payment to the date of full payment (hereinafter “instant adjustment protocol”).

As of November 4, 2016, the amount the Plaintiff is obligated to pay to the Defendant according to the instant protocol of mediation is KRW 111,660,274, and damages for delay calculated at the rate of KRW 230,000,000 and KRW 20% per annum, and litigation costs and enforcement costs are KRW 344,40,50,774, and the Plaintiff deposited the Defendant as the principal deposit on November 4, 2016 with Suwon District Court KRW 344,40,774, which is KRW 3915,00,000,000 per annum.

Therefore, since the defendant's claim against the plaintiff under the conciliation protocol of this case is extinguished, compulsory execution based on the conciliation protocol of this case should be denied.

[The defendant did not submit a written answer within 30 days from the date on which he received a written complaint, and thus, the facts constituting the cause of the claim pursuant to the main sentence of Article 257(1) of the Civil Procedure Act shall be deemed to have been led to the confession, and the judgment shall be rendered without holding any pleadings, and only matters necessary to specify the claim pursuant to Article 208(3)

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