청구이의
1. It is based on the judgment of the Changwon District Court rendered by the Defendant to the Plaintiff on August 22, 2019 by the Changwon District Court Decision 2019Da1199 Decided August 22, 2019.
1. Basic facts
A. On November 2014, the Plaintiff, along with C, joined the successful bid system operated by the Defendant in a way that two persons jointly participate in one unit, and was paid KRW 35 million from the Defendant as well as C around March 6, 2015.
B. On March 7, 2015, the following day, the Plaintiff prepared a certificate of borrowing that “the Plaintiff borrowed KRW 35 million from the Defendant (hereinafter “the Plaintiff”) from the Defendant, and repaid it by December 25, 2015.”
C jointly and severally guaranteed the Plaintiff’s above debt owed to the Defendant at the time.
(A) The date of preparation is specified as December 25, 2015, but it is the due date for payment.
After that, the Defendant, the Plaintiff’s KRW 510,00,000 on April 3, 2015, and KRW 3.5 million on April 29, 2015, and the same year.
5. 30,350,000 won, and the same year.
7.1. 3.5 million won, and the same year;
8. 31.35 million won, 2.1.2 million won in total, 1,6510,000 won in the same year. D.
On October 19, 2016, the Defendant filed a lawsuit against the Plaintiff seeking payment of the deposit amount of KRW 7750,000 not paid after receiving the deposit amount of KRW 41 million from the Defendant at the time when the Defendant operated the successful bid amount on September 25, 2014.
On November 10, 2016, the Plaintiff and the Defendant concluded a mediation in the above court that “the Plaintiff shall pay KRW 7750,000 to the Defendant, which shall be divided into KRW 750,00,000,000,000,000 as of December 9, 2016, and KRW 7,000 as of October 9, 2017, respectively: Provided, That in the event that the Plaintiff delays payment, the Plaintiff shall lose the benefit of the time, and shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the day following the loss of the benefit of time until the day of full payment (hereinafter “instant mediation protocol”). The mediation protocol containing the same content was prepared (hereinafter “instant mediation protocol”).
E. The Plaintiff, pursuant to the instant protocol, on December 9, 2016, to the Defendant.