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(영문) 서울중앙지방법원 2014.12.22 2014가단111779
청구이의
Text

1. The defendant's statement against the plaintiff is based on the Seoul Central District Court 2009Kadan249175.

Reasons

1. Basic facts

A. The Defendant filed a suit against the Plaintiff for the claim for the collection amount (hereinafter “the instant collection amount claim”) with the Seoul Central District Court Decision 2009Da249175, and the conciliation was concluded following on December 2, 2012 in the instant case.

(hereinafter referred to as “instant protocol”, the Plaintiff shall be paid KRW 30 million to the Defendant, and shall be paid KRW 10 million by January 31, 2010 and KRW 20 million by February 28, 2010.

(Methods of Payment; C. If the Plaintiff fails to pay the said money by February 28, 2010, the Plaintiff shall pay the unpaid money plus damages for delay at the rate of 10% per annum from the next day to the date of full payment.

B. According to the instant protocol, the Defendant applied for a compulsory auction of real estate on the real estate owned by the Plaintiff to the Jung-gu District Court D.

C. The Plaintiff remitted to the Defendant KRW 10,000,000 on January 29, 2010, and KRW 9,000,00 on April 16, 2010, respectively.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the party concerned was issued a collection order regarding the claim against the plaintiff of E with the defendant as the preserved claim against the plaintiff of E.

4. The defendant asserts that since he paid KRW 10,000,000 each around 16.1, the defendant can no longer seek payment from the plaintiff, and therefore, the compulsory execution under the conciliation protocol of this case should not be denied.

(1) The Plaintiff asserted that the Plaintiff deposited the remainder KRW 10,000,000, and damages for delay thereof, and that the Plaintiff withdrawn the claim on the third date for pleading. As to this, the Defendant withdraws the claim from the Plaintiff on the third date for pleading.

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