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(영문) 전주지방법원군산지원 2016.08.09 2016가단3756
청구이의
Text

1. The Defendant’s wages of Jeonju District Court Branch 2015Kahap412 (Mains) and 2015Kahap429 (Counterclaim) against the Plaintiff.

Reasons

Basic Facts

On May 26, 2015, the conciliation was established as follows, and the conciliation protocol that reflects the conciliation (hereinafter “instant conciliation protocol”) was prepared between the Plaintiff and the Defendant, as the Jeonju District Court 2015Gahap412 and 2015Gahap429 (Counterclaim).

1. The Plaintiff shall be paid KRW 27,00,00 to the Defendant, on condition that KRW 3,000,000 shall be paid by the end of June, July, August, August, and September, respectively, and KRW 5,00,000 shall be paid by the end of September, respectively.

2. If delay is due, the remaining amount shall lose the benefit of the due date, and the remaining amount shall be paid by adding 18% (18%) per annum to the balance.

3. In addition to paragraph 1, the Plaintiff shall pay KRW 150,000,00 to the Defendant by the end of March 2016, and if delay, the amount of the obligation shall be KRW 170,000,000, and the damages for delay shall be paid by adding 18% per annum thereto.

Based on the instant protocol of conciliation, the Defendant collected KRW 23,453,80,00 on November 16, 2015, upon receipt of a claim seizure and collection order against the claim held by the Plaintiff against the limited liability law firm (LLC).

On March 28, 2016, the Plaintiff paid KRW 150,000 to the Defendant.

[Based on the ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 2-1, Gap evidence 2-1, Eul evidence 4, 5-1, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 1-2-1, and the gist of the plaintiff's argument as to the claim for the whole purport of the pleadings, 23,453,800 won collected by the defendant on November 16, 2015, which was collected by the defendant from July 1, 2015 to November 16, 2015, the interest rate of 1,850,795 won calculated at the rate of 18% per annum from July 1, 2015 to the debt stipulated in paragraph (1) of the instant protocol, and the principal amount of debt 1-21,603,05 won per annum 21,000,000 won paid to the defendant on March 28, 2016.

Ultimately, the first debt of this case is 5,396,95 won with principal (=27,00,000 won - 21,603,005 won) and 18% per annum from November 17, 2015 to the date of full payment.

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