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(영문) 서울동부지방법원 2018.04.20 2017가합110944
청구이의
Text

1. The defendant's confirmation of the existence of the obligation against the plaintiff by Seoul East Eastern District Court 2008Gahap5293 (Mains) and 2008Gahap14051 (Counterclaim).

Reasons

1. Basic facts

A. On September 17, 2008, the Plaintiff and the Defendant adjusted the instant protocol of mediation with respect to the case on the confirmation of the existence of obligation for the Seoul Eastern District Court 2008Gahap5293 (Mains) and the case on loans 2008Gahap14051 (Counterclaim).

The main contents of the mediation protocol are as follows:

(hereinafter “instant protocol of mediation”). Conciliation provisions

1. The Plaintiff shall pay KRW 320 million to the Defendant, on which six installments shall be paid, and the amount shall be KRW 20 million until September 30, 2008, KRW 30 million until December 31, 2008, KRW 75 million until June 30, 2009, KRW 75 million until December 31, 2009, KRW 50 million until June 31, 2009, and KRW 75 million until June 30, 2010, KRW 70 million until June 30, 2010, and KRW 70 million until December 31, 2010, respectively. If the Plaintiff delays once, he shall lose the benefit of the period, and shall pay damages for delay calculated by adding 20% per annum to the unpaid amount.

B. According to the instant protocol for the loss of the Plaintiff’s benefit of time, the Plaintiff paid KRW 20 million until September 30, 2008, but did not pay KRW 30 million until December 31, 2008, thereby losing the benefit of time.

C. On May 20, 2014, C applied for the attachment and assignment order of KRW 33,953,578 out of the claims under the instant conciliation protocol against the Plaintiff against the Defendant, based on the executory exemplification of the judgment in the Seoul Central District Court 2010Kahap127698 case for unjust enrichment return, which was rendered on May 20, 2014 (hereinafter “instant attachment and assignment order”). The instant court accepted the instant application on July 21, 2014, and the original copy of the decision was served on the Plaintiff, a debtor, on July 23, 2014 (hereinafter “instant attachment and assignment order”).

(2) As to this, the Defendant filed an appeal with Seoul Central District Court 2014TTT14596, but it was dismissed on November 20, 2015, and the instant claim attachment and assignment order became final and conclusive on December 4, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 5 (including branch numbers, hereinafter the same shall apply), Eul evidence 1, and arguments.

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