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(영문) 부산지방법원 동부지원 2018.02.14 2017가단4937

청구이의

Text

1. The defendant's protocol of mediation against the plaintiff on April 3, 2007, Busan District Court 2006Gabu District Court 20760 case.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff seeking the payment of the loan, and the said lawsuit was concluded on April 3, 2007 as follows.

(2) The plaintiff shall pay 15,00,000 won to the defendant on May 20, 2007 through December 20, 2007, and 100,000 won shall be paid on the 20th day of each month from May 20, 2007 to December 20, 207. The remaining 14,200,000 won shall be paid in three installments until March 20, 2008, and 4,50,000,000 won until June 20, 2008, and 5,200,000,000 won shall be paid in addition to the remaining amount calculated on September 20, 2008. If the defendant has to pay once each of the above payment dates, he shall immediately lose his interest within the period, and the remaining amount shall be paid in addition to the remaining amount calculated on the 20th day after the day of repayment.

B. The Defendant filed a lawsuit against the Plaintiff seeking cancellation of ownership transfer registration, and the said lawsuit was concluded as mediation on April 16, 2008 as follows:

(1) The plaintiff shall pay 200,000,000 won to the defendant on August 31, 2008. If the plaintiff has paid the above payment date, then the plaintiff shall pay 20% interest per annum on the unpaid balance from September 1, 2008 to the day of full payment.

[Reasons for Recognition] Gap evidence No. 2

2. Determination

A. The Plaintiff asserted that the Plaintiff repaid its obligations to the Defendant as follows.

Around March 2008, the aforementioned repayment amount of KRW 800,000 and KRW 2,000,000,000 from March 20, 2008 to March 20, 2014 set off by C’s claim 4,70,000,000 against the Defendant of the payment of KRW 17,00,00 in subrogation of the Plaintiff on behalf of the Plaintiff from March 2012 to March 2014, if C appropriates the above repayment amount of KRW 17,00,00 for the Plaintiff’s obligation to the Defendant, compulsory execution based on each of the above conciliation protocol is not permissible only for the portion exceeding the purport of the claim.

B. According to the evidence No. 3 of the judgment No. 1, the Defendant transferred KRW 1,200,000 to the Plaintiff on March 20, 2008.