구상금
1. The Defendant’s KRW 22,410,00 for the Plaintiff and 5% per annum from November 27, 2013 to June 2, 2015.
1. In determining the cause of the claim, the Plaintiff and the Defendant borrowed KRW 40 million from C to C on January 30, 2013 at high interest, each of the real estate owned as joint collateral, and the Plaintiff’s repayment of KRW 44820,000 to C on November 24 to June 26, 201, may not be disputed between the parties, or may be recognized by the respective statements (including the number of partial marks) in the evidence of subparagraphs A1 through 3.
According to the above facts, the internal apportionment ratio of the plaintiff and the defendant is presumed to be equal to 1/2 each (Article 424 of the Civil Act), and the defendant is obligated to pay interest or delay damages at each rate of 2,2410,000 won (the above 4,4820,000 won x 1/2) and the following day after the above final exemption date in accordance with Article 425 of the Civil Act, in response to the plaintiff's indemnity, unless there are special circumstances. < Amended by Act No. 11904, Nov. 27, 2013; Act No. 13358, Jun. 2, 2015; Act No. 1554, Jun. 2, 2015; Act No. 15% of the annual interest or delay damages as the plaintiff seeks.
2. As to the judgment on the Defendant’s defense, the Defendant asserted that D paid KRW 20 million from April 29, 2013 to the Plaintiff’s account in direct face-to-face and by having D transfer CD transfer from the Defendant’s account to the Plaintiff.
According to each description of evidence Nos. 1 through 4, it can be acknowledged that there exists between the parties, such as the aforementioned defense.
However, the following circumstances, which are acknowledged as adding the whole purport of the pleadings to each of the statements in Gap evidence Nos. 4 and 7, namely, the interest on the bonds of the plaintiff or defendant C that the defendant asserted as the time of repayment of the above indemnity amount.