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1. On June 20, 2012, the Defendant rendered loans, etc. to the Plaintiff by Suwon District Court Branch 2012Kadan13872 against the Plaintiff.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiff, such as a loan, etc., of Suwon District Court Branch 2012Kadan13872.
In the foregoing case, on June 20, 2012, the aforementioned parties agreed to the mediation that “the Plaintiff shall pay KRW 40 million to the Defendant, and KRW 10 million shall be paid until July 20, 2012, KRW 10 million until August 20, 2012, and KRW 20 million shall be paid until September 20, 2012, and even once the Plaintiff delays the payment, the Plaintiff shall lose the benefit of the deadline and pay the unpaid balance at the rate of KRW 30 per annum from February 28, 2011 to the date of full payment (hereinafter “instant mediation”).
B. According to the instant conciliation, the Plaintiff paid KRW 20 million to the Defendant on July 19, 2012, and KRW 10 million on August 20, 2012, and KRW 20 million on August 20, 2012, and paid KRW 50,000,000 to C entrusted with the collection by the Defendant on December 20, 2012, KRW 500,000 on January 15, 2013, KRW 500,000 on January 25, 2013, KRW 50,000 on April 8, 2013, KRW 300,00 on April 19, 2013, KRW 10,000 on May 24, 2013, and KRW 2.5 million on June 7, 2013.
C. On July 31, 2013, the Defendant issued a seizure and collection order (hereinafter “instant collection order”) with respect to the Plaintiff’s benefit claim against the D Co., Ltd., on the ground that the amount of claim is KRW 45,172,460, based on the instant protocol of mediation with executory force, and the amount of claim is KRW 45,172,460.
According to the collection order in this case, the Defendant received each dividend of Suwon District Court’s Sung-nam Branch’s KRW 10,867,424 (E), October 24, 2014, KRW 6,314,983 (F), and KRW 3,814,887 (T) on June 26, 2015, based on the collection order in this case.
[Ground of Recognition] Facts without dispute, entry of Gap 1 through 5, and 8 (including a provisional number; hereinafter the same shall apply), witness C’s partial testimony, the purport of the whole pleadings,
2. The assertion and judgment
A. The gist of the claim 1 is that the Plaintiff transferred to C the claim for payment of KRW 20 million unpaid by the Plaintiff among the claims under the instant conciliation protocol, and C demanded the Plaintiff to pay the said claim in installments without interest.
2.