청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. In the Defendant’s 2013Kadan43630 Guarantee Debt Guarantee Money, the conciliation protocol (hereinafter “instant conciliation protocol”) was drafted on November 14, 2013, stating that “the Plaintiff shall pay KRW 55 million to the Defendant, but shall be paid KRW 25 million until January 31, 2014, and KRW 30 million until June 30, 2014, respectively. If the Plaintiff fails to comply with the payment deadline, the Plaintiff would lose its benefit without any separate declaration of intent for the entire unpaid amount, and shall pay damages for delay by adding 30% to the interest rate of KRW 30% per annum.”
B. By July 10, 2017, the Defendant received reimbursement of KRW 57,124,635 in total from the Plaintiff through compulsory execution according to the instant conciliation protocol.
C. The Defendant filed an application for the seizure and collection order of the instant court 2017TT 3828 due to compulsory execution according to the instant conciliation protocol.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. Plaintiff’s assertion and judgment thereon
A. Before July 10, 2017, the Defendant’s obligation based on the instant protocol of mediation became extinct due to compulsory execution of KRW 57,124,635 as a sum of KRW 57,124,635 under the instant protocol of mediation.
B. The evidence presented by the Plaintiff alone is insufficient to recognize that the obligation under the instant protocol was extinguished due to full repayment, as alleged by the Plaintiff, and there is no other evidence to acknowledge this otherwise.
Rather, in cases where the Plaintiff’s repayment amount under the instant protocol is appropriated in the order of expenses, interest or delay damages, and the original amount, as of July 10, 2017, the remainder of damages for delay is KRW 383,550, the balance of principal amount is 54,182,92, and damages for delay incurred by May 14, 2018 for the said principal amount is recognized.
Therefore, the obligation under the instant protocol is entirely extinguished.