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1. The defendant's statement of the loan case No. 2015da76321 against the plaintiff is based on the Busan District Court's Busan District Court.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiff seeking reimbursement of KRW 40,000,000 for loans as Busan District Court 2015Da76321, and damages for delay. On July 18, 2016, the following content was prepared and served on both parties around that time.
According to the above protocol, the Plaintiff shall pay KRW 25,00,000 to the Defendant on August 31, 2016, and shall pay KRW 8,000,000,000 in installments on September 30, 2016, and KRW 8,000,000 in installments on October 31, 2016, and KRW 8,000,000 in installments. If the Plaintiff delays the payment of the above installment on one occasion, he/she shall lose the benefit of the time and pay the balance in full, but shall pay the damages for delay calculated at the rate of KRW 15% per annum from the day following the delay to the day of complete payment.
B. On October 18, 2016, the Plaintiff repaid KRW 1,000,000 out of the above amount to the Defendant.
[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 12 evidence, the purport of the whole pleadings
2. As seen earlier, as long as the protocol of mediation was prepared by the court, the Plaintiff should bear the obligation as stipulated in the protocol, irrespective of the details of the previous repayment.
However, as the Defendant also recognized, KRW 1,00,000 was repaid (see the above 1-B). Of this, the Defendant’s disbursement of KRW 421,750 for the compulsory execution of corporeal movables (see, e.g., Busan District Court enforcement officer No. 2016No. 4522) at the expense is recognized (see, e.g., Supreme Court No. 1-200, Mar. 1, 200; 50,000 for key, excluding key 578,250,000 for repayment).
The specific order of appropriation is in accordance with the Civil Act’s legal principle of appropriation of claims, and according to which, the above 578,250 won is appropriated in order from September 1, 2016 to October 18, 2016, for damages for delay calculated by the ratio of 15% per annum from September 1, 2016 when the Defendant lost the benefit of time to October 18, 2016.
Ultimately, the principal amount of KRW 24,914,90 (=25,000,000 - 85,100) under the above conciliation protocol and its corresponding amount.