(영문) 의정부지방법원 2019.10.10 2019가단109056

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(영문) 의정부지방법원 2019.10.10 2019가단109056

청구이의

Text

1. The Defendant’s District Court 2017 money76921 (the principal lawsuit) against the Plaintiff and unjust enrichment.

Reasons

1. Basic facts

A. On January 24, 2018, in the case of Kubu District Court Decision 2017 money 76921 (principal lawsuit), 2017 money 76938 (Counterclaim), and in the case of unjust enrichment between the Plaintiff and the Defendant, “the Plaintiff shall pay KRW 7,00,000 to the Defendant on 14 occasions, and each 50,000 won shall be paid over 14 times a month thereafter. The Plaintiff shall be paid from April 1, 2018 to May 1, 2019. The Plaintiff shall lose the benefit of the time, and pay the unpaid amount and unpaid amount plus the amount calculated at the rate of 15% per annum.”

B. From April 2, 2018 to July 17, 2019, the Plaintiff paid to the Defendant a total of KRW 7,553,561 as stated in the calculation date of the attached appropriation amount and the amount of repayment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The plaintiff's assertion and the plaintiff's determination as to the plaintiff's assertion are asserting that all obligations under the conciliation protocol of this case were satisfied, and they are not allowed to enforce compulsory execution under the conciliation protocol of this case.

In light of the above facts, the Plaintiff did not pay KRW 500,000,000, which is the date of the first installment payment as stipulated in the instant protocol, until April 1, 2018. As such, the Plaintiff lost the benefit of time in accordance with the content of the instant protocol, the Plaintiff was liable to pay the unpaid amount of KRW 7,00,000,000, and the damages for delay calculated at the rate of 15% per annum from April 2, 2018, which is the date following the delay, to the date of full payment.

The amount repaid by the Plaintiff, as indicated in the separate sheet of calculation of appropriation, shall be appropriated in the order of interest and principal pursuant to Article 479(1) of the Civil Act. Therefore, when calculating this, the remaining principal is KRW 139,901, which is the last date of payment.

Ultimately, according to the instant conciliation protocol, the Plaintiff is the Defendant.

참조조문

-민법 제479조 제1항

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