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1. The Seoul Central District Court 201Gapo2803121 rendered a decision on the Defendant’s recommendation of performance against the Plaintiff.
Reasons
1. Basic facts
A. On April 25, 2007, the Defendant filed a lawsuit against the Plaintiff seeking payment of the amount of interest KRW 2,00,000,000 from Daejeon Mutual Savings Bank (the former Mutual Savings Bank Co., Ltd. (the former Mutual Savings Bank Co., Ltd.) (the latter Mutual Savings Bank) at the rate of change determined by the Non-Party Savings Bank at the rate of interest and damages for delay. On September 5, 2011, the Defendant transferred the contractual status of the Non-Party Savings Bank upon the disposition of the Financial Supervisory Commission’s decision to transfer a contract, and on September 4, 2011, the Plaintiff acquired the above claim upon the transfer of the contractual status of the Non-Party Savings Bank. As of September 4, 2011, the Plaintiff had sustained KRW 1,707,150 (the balance of the principal of the loan plus KRW 1,663,85 and KRW 43,265).
B. On January 26, 2012, the court rendered a decision of performance recommendation that “the Plaintiff shall pay to the Defendant the amount of KRW 1,707,150 and KRW 1,663,85 each year from September 5, 2011 to the date of full payment.” The said decision of performance recommendation was served on the Plaintiff on February 6, 2012, but it became final and conclusive on February 21, 2012, because the Plaintiff did not raise any objection.
(hereinafter referred to as “instant decision on performance recommendation”). (c)
Based on the decision on performance recommendation of this case, the Defendant received a seizure and collection order of deposit claims against the Plaintiff’s Republic of Korea (Korea Post) as Suwon District Court 2015TTT13579 won, and accordingly, collected KRW 743,837 on July 31, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 5, the purport of the whole pleadings
2. Assertion and determination
A. On April 24, 2007, the parties’ assertion 1) If 20,000 won is deposited from the employees of the Non-Party Savings Bank on April 24, 2007, 2,000 won may be subject to a personal rehabilitation loan on condition that the remaining amount of the loan is reduced by 50% when the repayment was made for 8 years with a six-month grace period, and 50% of the loan amount.