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1. The deadline for the decision of the Incheon District Court on March 13, 2013 to replace the conciliation of the Plaintiff (2012Gahap12999).
Reasons
1. Basic facts
A. On March 13, 2013, the Incheon District Court Decision 2012Gahap12999 decided on March 13, 2013 as follows, and the said decision became final and conclusive on April 4, 2013.
The term "Plaintiff A shall pay 40,000,000 won to the Defendant Csung Housing Co., Ltd. by December 31, 2013, and if delay occurs, the damages for delay calculated at 20% per annum from the day after the date of full payment to the day of full payment (the first claim)."
B. On October 30, 2012, the lower judgment was rendered on October 30, 2012 with respect to the receipt money case between the Plaintiff and the Defendant, and the said judgment became final and conclusive on November 17, 2012.
“The Defendant shall pay to the Plaintiff 30,000,000 won with interest rate of 20% per annum from September 12, 2012 to the day of full payment.”
C. On April 10, 2013, with respect to the rent case between the Plaintiff and the Defendant, Incheon District Court Decision 2012Gadan9581, the following judgment was rendered on April 10, 2013, and the said judgment was finalized on May 21, 2013.
“The Defendant shall pay to the Plaintiff 10,584,275 won and the amount calculated by applying the rate of 5% per annum from December 4, 2012 to April 10, 2013, and 20% per annum from the next day to the date of full payment.” [Grounds for recognition] There is no dispute over the Plaintiff, Gap 1, 2, 3 evidence, and the purport of the entire pleadings.”
2. On December 31, 2013, the Defendant’s first claim against the Plaintiff was due and due on December 31, 2013, and both the Defendant’s first claim and the Plaintiff’s second and third claims were set off on the same day after they reached the due date. In the instant complaint, the Plaintiff expressed his/her intent to set off the said two claims against the Defendant on an equal amount, and the fact that the said complaint served on the Defendant on October 26, 2014 is apparent in the record. Accordingly, the Plaintiff’s second claim = KRW 37,80,000, total amount of KRW 30,000 = interest of KRW 7,80,000 from September 12, 2012 to December 31, 2013.