(영문) 서울중앙지방법원 2018.05.10 2017가단5154611

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(영문) 서울중앙지방법원 2018.05.10 2017가단5154611

청구이의

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1. The defendant's loan case against the plaintiff is based on the Seoul Central District Court Decision 2007Gahap107328.

Reasons

1. Facts of recognition;

A. On March 18, 2008, the Defendant filed a lawsuit against the Plaintiff for the payment of loans with the Seoul Central District Court Decision 2007Gahap107328, and rendered a favorable judgment against the said court on March 18, 2008 that “the Plaintiff (the Plaintiff in this case) would pay to the Plaintiff (the Defendant in this case) the amount of KRW 96,125,000 and KRW 85,000 among them at the rate of KRW 2,00,000 per month from September 20, 2006 to the date of full payment.” The above judgment (hereinafter “instant judgment”) was dismissed on February 13, 2009 by the Plaintiff’s appeal and became final and conclusive at that time.

B. Based on the instant judgment, the Defendant applied for a compulsory auction on the real estate owned by the Plaintiff to Youngju District Court Young-dong Branch C, and accordingly, the procedure for compulsory auction on the real estate owned by the Plaintiff was proceeded.

C. On August 8, 2017, the Plaintiff and the Defendant, through their agents D and E, made the following agreements with respect to the instant judgment (hereinafter “instant agreement”).

D and E, the representative of the creditor (the defendant in this case, hereinafter referred to as "the defendant") and the debtor (the plaintiff in this case, hereinafter referred to as "the plaintiff") confirm that they agree and complete the debt relationship between the plaintiff and the defendant as follows:

1. The agreement shall be concluded on the amount of claims and obligations with the total amount of million won;

2. The case of auction of real estate C supported with the existing application for auction shall be withdrawn or closed by the defendant;

3. Omitted.

4. On August 9, 2017, after receiving KRW 3,000,000 from a bank, the remainder of KRW 4,000 after receiving KRW 3,00,000,000 from the bank shall be entitled to full payment six months from the date following August 8, 2017, and agree and confirm that claims between the plaintiff and the defendant shall be concluded.

The defendant is not subject to compulsory execution against the loan ruling by the Seoul Central District Court 2007Kahap107328.

The plaintiff.

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