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(영문) 인천지방법원 2015.11.24 2015가단33808
청구이의의 소
Text

1. Compulsory execution under the conciliation protocol against the defendant by the defendant by the Incheon District Court 2005Gaso39589 is limited to KRW 9,163,449 and KRW 9.

Reasons

1. Under the evidence evidence No. 1, the defendant filed a lawsuit against the plaintiff for a loan claim against the plaintiff on November 16, 2005, Incheon District Court 2005Gada39589, and "the plaintiff shall pay 9.3 million won to the defendant, but 3.1 million won shall be paid until December 31, 2005, 3.1 million won until January 31, 2006, and 3.1 million won shall be paid until February 28, 2006. If the plaintiff delays the payment of each of the above money on one occasion, he/she shall lose the benefit of the deadline, and shall pay the full amount of the money not paid until the due date and the amount calculated at the rate of 20% per annum from the day following the day of delay until the day of complete payment."

2. The plaintiff's assertion that the parties concerned assertion: The plaintiff met all obligations under the above conciliation protocol to the defendant by February 4, 2009.

B. Defendant’s assertion: The Defendant received KRW 5 million from the Plaintiff on September 26, 2008, KRW 1 million on October 13, 2008 and KRW 1 million on October 30, 2008, KRW 500,000 on December 29, 2008, and KRW 2 million on February 4, 2009, and the said money was fully appropriated for payment of damages for delay.

3. Comprehensively taking account of the overall purport of the arguments in the statements Nos. 2, 3, and 1-1 through 4 of the evidence Nos. 2, 1-4, the defendant may recognize the fact that the defendant received KRW 500,000 on Dec. 15, 2006 and KRW 200,000 on Oct. 29, 2007, as well as the above KRW 5.5 million recognized by the defendant to have received payment from the plaintiff as the account of U.S. Agricultural Cooperative.

Since the Plaintiff lost the benefit of time by failing to pay 3.1 million won until December 31, 2005, which is the first payment date stipulated in the protocol, the Plaintiff paid to the Defendant 9.3 million won and damages for delay calculated at the rate of 20% per annum from January 1, 2006 to the date of full payment. If the Plaintiff appropriated the above amount repaid on seven occasions from December 15, 2006 to February 4, 2009 in the order of delay damages and principal payment, the Plaintiff remains the principal amount of KRW 9,163,449 as shown in the following table.

Therefore, the Incheon District Court against the defendant.

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