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(영문) 전주지방법원군산지원익산시법원 2017.04.04 2016가단100041
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. There is no dispute between the parties that the Defendant received a final and conclusive judgment against the Plaintiff in the purport of the claim from this court.

2. The gist of the Plaintiff’s assertion: (a) the Defendant demanded, around March 2016, the Plaintiff to pay in installments only the remaining principal amount of KRW 8,242,931 while exempting the Plaintiff from interest and delay damages on the instant judgment; (b) the Plaintiff accepted the demand and made installment payments for 24 months from April 1, 2016 to June 29, 2016; and (c) paid in installments 1,373,840 won (=34,460 x 4) on four occasions from April 1, 2016 to June 29, 2016; and (d) accordingly, the compulsory execution based on the said final judgment ought to be permitted only for the remainder principal.

3. In light of the overall purport of the arguments in the statement in Gap evidence Nos. 2, 4 and Eul evidence Nos. 1 (including additional numbers), the plaintiff's failure to repay his/her obligation to the defendant for a long time after about nine years and five months from the date the above judgment became final and conclusive, and the expiration of the statute of limitations has not yet expired, and the plaintiff started to pay part of his/her obligation on April 1, 2016, and on March 24, 2016, the letter of commitment (Evidence No. 1) prepared and delivered to the defendant to the defendant for payment of the damages that the plaintiff is obliged to pay to the defendant (for example, eight thousand,242,930 won) from March 31, 2016 to February 28, 2018, which states that the plaintiff did not unilaterally provide the plaintiff with interest or delayed damages on the part of his/her claim, and there is no other indication on the interest or late damages on the part of the plaintiff (Article 4 of this case's statement).

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