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(영문) 의정부지방법원 2016.10.28 2016가단112556

청구이의

Text

1. The Defendant’s loans, etc. to the Plaintiff on September 24, 2015, including the Jung-gu District Court Eastern District Court 2015 Ghana1956.

Reasons

1. Basic facts

A. The Defendant brought a lawsuit against the Plaintiff on the claims for loans, etc., as the Dualcheon District Court 2015 Ghana1956, and the conciliation was concluded on September 24, 2015 in the said litigation proceedings. The contents of the said conciliation protocol relating to the instant case are as follows.

The Plaintiff shall pay KRW 21,50,000 to the Defendant, and 18,000,000 among them shall be paid KRW 3,50,000 until December 31, 2015, and KRW 3,500,000 each month from January 31, 2016 to July 31, 2016.

However, if the plaintiff does not pay at least once by the above payment date, the plaintiff shall lose the interest of the installment and the due date, and shall pay the amount that has not been paid at the rate of 20% per annum from the following day to the date of full payment.

B. The Plaintiff paid KRW 10,000,000 to the Defendant on February 23, 2016 upon the performance of the obligation under the above protocol, and paid KRW 12,00,000 on June 9, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 3 evidence, Eul 1, the purport of the whole pleadings

2. Each amount that the Plaintiff paid to the Defendant should be appropriated for performing obligations under the above conciliation protocol against the Defendant according to the order of appropriation in court.

I would like to say.

Then, ① The Plaintiff’s KRW 10,00,00 paid on February 23, 2016 was appropriated for the repayment of KRW 634,426 won (=21,50,000 x 20% x 54 days x 566 days) from January 1, 2016 to February 23, 2016 (i.e., the remainder of KRW 9,365,574 (=10,000 - 634,426) to the repayment of the original amount; ② KRW 12,00,00,000 paid on June 9, 2016 to the payment of KRW 134,50,000 x 209,636,946,965 x 296,946.616)