청구이의
1. The defendant's decision is based on the mediation protocol for the claim for reimbursement against the plaintiff in Incheon District Court 2016Gapo37092.
1. Determination as to the cause of claim
(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence 1 to 3.
(1) On June 27, 2016, the Incheon District Court 2016Gada37092, which the Defendant filed against the Plaintiff, concluded a mediation to the effect that “the Plaintiff shall pay KRW 7,963,950 to the Defendant up to August 27, 2016. If the Plaintiff delayed the payment, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the day following the date of the payment to the day of full payment.”
(2) The Plaintiff paid KRW 6,00,000 to the Defendant on September 12, 2016, and KRW 1,963,950 on September 27, 2016, respectively, and KRW 65,170 on October 11, 2016, respectively.
(b) If the person who performed the obligation was unable to fully satisfy the obligation, the performance must be appropriated in the order of the cost, interest, and principal.
(1) According to Article 479(1) of the Civil Act, the Plaintiff paid KRW 6,00,00 to the Defendant on September 12, 2016 (=6,00,000) KRW 52,366 (=7,963,950 x 0.15 x 16/365 x 16/365) of the amount of principal and KRW 5,947,634 (=6,00,00 - 52,36666) of KRW 1,00 on September 27, 2016 + KRW 57, KRW 57, KRW 1,963,950 paid to the Defendant on September 27, 2016 x KRW 57, KRW 1965 - KRW 3695,965 - KRW 29655,975 - KRW 19655,975