청구이의
1. The defendant's Jeonju District Court 2008Gahap2707 case against the plaintiff is based on the mediation protocol dated February 2, 2009.
1. On February 2, 2009, the Jeonju District Court Decision 2008Gahap2707, including the establishment of mediation, shall be paid KRW 10,00,000 to the Defendant on February 2, 2009, “the Plaintiff shall be paid KRW 2,000,000 on March 31, 2009, ② the amount of KRW 2,000,000 on May 31, 2009, ③ the amount of KRW 2,00,000 on July 31, 2009, ④ the amount of KRW 2,00,000,000 on September 30, 200, ⑤ the amount of KRW 2,000 on November 30, 200, ⑤ the amount of KRW 2,000 on November 30, 209, the Plaintiff did not pay damages for delay in addition to the annual rate of KRW 15,000.
Meanwhile, in the case of Gwangju High Court (former District Court) 2016Na11849 (Main District), and loans 2016Na11856 (Counterclaim), the mediation to the effect that “the Defendant shall pay the Plaintiff KRW 100,000,000,000 to the end of every month from September 2017 to June 2018 shall be paid in installments in 10,000,000. If the Defendant delays the payment, the amount due shall be lost and the Plaintiff shall be paid in 15% interest per annum from the day following the date of loss of the accrued interest to the day of full payment” (hereinafter “Adjustment 2”). The Defendant also failed to comply with it at all.
As the instant complaint, the Plaintiff expressed his/her intent to set off each of the above claims against the Plaintiff and the Defendant, and a duplicate of the complaint was served on September 18, 2018 on the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above, on October 1, 2017, as the Plaintiff and the Defendant lost the benefit of the deadline for each of the conciliation obligations, each of the claims of the Plaintiff and the Defendant reached the maturity of payment and were set-off. According to the Plaintiff’s expression of intent of set-off, the Defendant’s first adjustment claim amounting to KRW 22,756,164 was April 1, 2009.