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1. The defendant's objection against the plaintiff is based on an executory exemplification of the conciliation protocol of 2018da543662 of this court.
Reasons
1. The Defendant (referring to the Plaintiff; hereinafter the same shall apply) paid KRW 35,00,000 to the Plaintiff (referring to the Defendant; hereinafter the same shall apply), on condition that seven installments shall be paid KRW 5,00,000 as of the last day of each month from February 28, 2019 to August 31, 2019.
2. If the defendant delays each of the above dates of payment, he/she shall lose the benefit of the time and immediately pay the unpaid amount, and shall pay the above amount plus damages for delay at the rate of 15% per annum from the day following the day of delay until the day of full payment.
On November 26, 2018, the Defendant filed a lawsuit against the Plaintiff for the claim for the payment of goods by this court No. 2018da543662, and established a voluntary conciliation as follows.
[A] The instant protocol of mediation is referred to as the instant protocol of mediation. The Plaintiff failed to pay KRW 5 million by February 28, 2019, which is the date of the first installment payment as stipulated in the instant protocol of mediation.
As a result, the Plaintiff lost the benefit of time according to the content of the instant protocol of mediation.
The Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum from March 1, 2019 to the date of complete payment, as well as the total amount due.
Since then, all of the amounts paid by the Plaintiff as follows shall not be appropriated first to the “principal” of the installment payment. Article 479(1) of the Civil Act Article 479(1) of the Civil Act (the order of appropriation of performance to the principal) (1) If the obligor pays expenses and interest on one or more obligations, and the obligor pays performance to the principal, if the performance obligor does not have to extinguish the entire obligation, it shall be appropriated in the order of the expenses, interest, and principal.
interest and principal shall be appropriated in the order of the principal.
The amount of the principal appropriated for the principal of the principal on the date of repayment shall be the total amount of 86,301 won calculated on March 6, 2019 as of March 6, 2019: KRW 86,301 calculated on March 6, 2019: 86,301 = principal 35,000.