(영문) 수원지방법원안양지원 2017.08.31 2017가단105447

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(영문) 수원지방법원안양지원 2017.08.31 2017가단105447

계금

Text

1. The defendant shall pay 51,510,000 won to the plaintiff and 45,500,000 won from April 30, 2006 to May 28, 2007.

Reasons

1. Basic facts - The plaintiff filed a lawsuit against the defendant claiming the return of fraternity amounting to the Suwon District Court 2006Da80649, May 28, 2007. The above court made a decision on May 28, 2007 as follows: “The defendant shall pay to the plaintiff KRW 69,00,000,000 on the last day of each month from June 30, 2007 to February 28, 2013. The defendant shall pay KRW 1,00,000 on the last day of each month. If the above payment date is made at once, the defendant shall pay to the plaintiff 69,000,000 (the deducted amount if there is a subsequent payment due) and the amount equivalent to the principal amount of KRW 45,50,000,000,000 from April 30 to May 28, 2007 to 206, respectively, 206.”

After that, the defendant did not comply with the date of payment stipulated in the above Reconciliation Recommendation, and after the above Reconciliation Recommendation Decision, the defendant paid the plaintiff a total of KRW 17,490,000 to the date of closing the argument in this case.

[Reasons for Recognition] Unsatisfy, Gap 1 to 4 each entry

2. Determination

A. According to the facts of the judgment on the cause of the claim, since the defendant failed to comply with the date of payment stipulated in the above Reconciliation Recommendation, the defendant is obligated to pay to the plaintiff 51,510,000 won (=69,00,000 won - 17,490,000 won) and 45,50,000 won as to the principal amount among them, 50,000 won per annum from April 30, 2006 to May 28, 2007, as sought by the plaintiff, 20% per annum from the next day to July 11, 2017, when the application for change of the purport of the claim and the cause of the claim was delivered to the defendant, and 15% per annum from the next day to the day of full payment.

B. The Defendant’s assertion - The Defendant alleged that the amount repaid to the Plaintiff is KRW 17,90,000. However, there is no evidence to support that the Defendant repaid the amount exceeding KRW 17,490,00 as above after the decision on recommending reconciliation was made -

The following shall be the defendant.

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