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1. The Defendant’s loan case against the Plaintiff is based on the Defendant’s ruling of recommending reconciliation as of August 13, 2010.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiff in this Court No. 2010 Ghana7393. On August 13, 2010 in the instant case, the Defendant rendered a ruling of recommending settlement with the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 20 million up to August 31, 2010, and if the Plaintiff fails to pay the said amount by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the day following the date of payment to the date of full payment (hereinafter “instant executive title”). This ruling became final and conclusive on September 3, 2010.
B. The Plaintiff paid to the Defendant each amount stated in the “amount of reimbursement” column in the “amount of reimbursement” column in the attached table of “amount of payment” on each day indicated in the “date of payment (the date of completion of calculation of interest”).
At the third date of pleading, the Defendant stated that there is no dispute over the deposit of the repayment amount on each day indicated in the column of the “interest Calculation Schedule”.
C. In the case where C claimed damages against the Defendant (the first instance court: the Suwon District Court Branch Branch 201Gahap8573, the appellate court: the Seoul High Court: 2012Na48826), “The Defendant would pay C the amount of KRW 121,06,729 with 5% per annum from November 8, 2011 to May 17, 2012, and 20% per annum from the next day to the date of full payment” was finalized on January 5, 2013.
On June 9, 2016, D transferred to D the claim for the foregoing judgment amounting to 5% per annum from November 8, 2011 to May 17, 2012, and 20% per annum from the next day to the date of full payment (hereinafter “the claim for the transfer of this case”). D sent the notice of the transfer to the Defendant on June 27, 2016, and around June 28, 2016, the Defendant did not dispute the receipt of the notice of the transfer of the above claim. The Defendant received the notice after sending the notice.