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Reasons
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(영문) 부산지방법원 2015.02.12 2014가합15326
청구이의
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1. The defendant's loan case No. 2004Gahap9483 against the plaintiff is substituted for the mediation of June 22, 2005.

Reasons

1. Basic facts

1. The defendant shall pay the plaintiff KRW 147,00,000 ( principal KRW 145,000,000 and delay damages KRW 2,00,000) on the condition that the payment shall be made in installments as follows:

From July 1, 2005 to December 31, 2008, the amount of KRW 1,000,000 shall be paid each 25th day of each month;

B. From January 1, 2009 to November 31, 2011, KRW 3,000,000 shall be paid on the 25th of each month.

2. If the defendant delays the payment of the installment payment as stated in the preceding paragraph and the delay amounts to three times, the defendant shall lose the benefit of time, and the defendant shall pay the remaining amount to the plaintiff at one time.

3. The plaintiff's remaining claims shall be waived.

The defendant filed a claim for loan against the plaintiff as Busan District Court 2004Gahap9483.

On June 22, 2005, the above court rendered a decision in lieu of conciliation (hereinafter “instant decision”) as follows, and the above decision became final and conclusive around that time.

B. From December 30, 2005 to October 31, 2014, the Plaintiff repaid a total of KRW 126,000,000 to the Defendant, as indicated in the attached Table “Repayment” column, as the performance of the obligation under the instant decision.

The Plaintiff asserted that only KRW 123,500,000 was repaid in the Plaintiff’s complaint, but the Defendant also has received KRW 2,500,000 on December 14, 201, in addition to the above money. As such, the total amount of repayment is recognized as KRW 126,00,000.

C. On October 28, 2014, the Defendant issued a collection order for each of the card payment claims against the Plaintiff’s Industrial Bank of Korea, Non-Sch Card Co., Ltd., KNF Card Co., Ltd., KNF Card Co., Ltd., New Card Co., Ltd., Ltd., foreign exchange card Co., Ltd., Samsung Card Co., Ltd., Samsung Card Co., Ltd., Samsung Card Co., Ltd., and Hyundai Card Co., Ltd., Ltd., with the claim amount as KRW 147,00,000.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings]

2. The plaintiff's assertion.

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