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Cheongju District Court 2016Da3782 decided May 17, 2016.
Reasons
1. Facts recognized;
1. The defendant (the plaintiff in this case) shall be paid KRW 28.2 million to the plaintiff (the defendant in this case), which shall be paid in 12 installments, and each KRW 2.3,50,000 as of the last day of each month from May 31, 2016 to April 30, 2017, shall be transferred to the bank account in the name of the plaintiff (Account Number C).
2. If the defendant delays the payment of the above installment on two or more occasions, the payment shall lose the benefit of the installment payment and the time limit, and the above principal shall be increased to KRW 35 million, plus damages for delay calculated at the rate of 15% per annum from the date of loss of the time limit to the date of full payment with respect to the whole amount unpaid at KRW 35 million.
The Defendant filed a lawsuit against the Plaintiff with the Cheongju District Court 2016Kadan3782, which sought payment of the agreed amount, and conciliation was concluded between the Plaintiff and the Defendant on May 17, 2016, as follows:
(2) On June 21, 2016, 200 2,350,000 on July 5, 2016, 2016: (a) 2,350,350,003 August 2, 2016; (b) 2,350,004 September 2, 2016; (c) 350,000 on September 2, 2016; and (d) 350,005 on October 31, 200 on September 31, 2016; (d)
B. However, on May 31, 2016, the Plaintiff did not pay KRW 2,350,000 according to the instant protocol, and thereafter, paid KRW 11,750,000 in total over five occasions as indicated below, and subsequently, on November 30, 2016, the Plaintiff lost the benefit of time by delaying the payment of the said amount again on December 30, 2016, and the principal of the division was increased to KRW 35,00,000.
C. Accordingly, pursuant to the above adjustment clause, the Plaintiff paid 23,250,000 won (=35,000,000-11,750,000 won) and damages for delay at the rate of 15% per annum from December 1, 2016 to the date of complete payment.
From December 12, 2016 to January 28, 2020, the Plaintiff stated the amount of appropriation in the separate sheet for calculation of appropriation to the Defendant, respectively.