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(영문) 대전지방법원천안지원 2020.07.08 2020가단1185
채무부존재확인
Text

1. The conciliation protocol for the case of the return of the lease deposit, No. 2018Gadan17, the ASEAN court of the Daejeon District Court of the Republic of Korea is followed.

Reasons

1. Basic facts

A. On March 28, 2018, in the case of the return of the lease deposit against the Plaintiff, the ASEAN court 2018 Acheon-si, the Defendant (the Plaintiff of this case) filed against the Plaintiff, “The Defendant (the Plaintiff of this case) shall pay 26,720,000 won to the Plaintiff (the Defendant of this case) by May 8, 2018. If the Defendant delays the payment of the above amount, the Defendant shall pay the Plaintiff a delay in addition to damages for delay at the rate of 15% per annum from May 9, 2018 to the day of full payment.” The conciliation was established, and the conciliation protocol (hereinafter “instant conciliation protocol”).

B. The Plaintiff repaid the Defendant KRW 8,720,00,000 in total over ten times from June 1, 2018 to January 11, 2019, as indicated in the attached Form of Appropriation of Performance.

[Ground of recognition] Facts without dispute, Gap 1 and Eul 2, the purport of the whole pleadings

2. The Plaintiff asserts to the effect that the Defendant’s debt owed to the Defendant based on the instant conciliation protocol was extinguished as much as the above amount by repaying KRW 9,720,00 from June 1, 2018 to January 22, 2019.

First of all, on September 22, 2018, among the above repayment details asserted by the Plaintiff, there is no evidence to acknowledge the portion of KRW 1 million.

(A) According to the records, the Plaintiff’s remittance of KRW 1,00,00 to the Defendant on September 22, 2017 is confirmed. This is a pre-establishment of the instant protocol, and it cannot be deemed as a repayment of obligation under the instant protocol. The Plaintiff’s remainder of repayment amount of KRW 8,720,00,00 claimed by the Plaintiff, as acknowledged earlier, is not in dispute between the parties, and the Plaintiff and the Defendant did not agree on the appropriation of the above amount, or have designated appropriation. Thus, if each of the above payments was appropriated in the order of principal and interest pursuant to the instant protocol of settlement, it shall be calculated as indicated in the attached sheet of appropriation. Ultimately, the Plaintiff’s repayment amount of the Defendant’s obligation under the instant protocol of settlement is the principal and interest amount of KRW 20,47,629, Jan. 1, 2019.

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