대위변제금
1. The Defendant’s KRW 50,000,000 and its amount shall be 5% per annum from November 26, 2004 to December 9, 2014 to the Plaintiff.
Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 through 5 and the overall purport of the pleadings, the defendant borrowed KRW 50 million from C on September 13, 2004, and the plaintiff subrogated for the defendant's debt KRW 50 million on November 26, 2004.
According to the above facts, the defendant is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 50 million won per annum as stipulated by the Civil Act from November 26, 2004, which is the date of subrogation, to December 9, 2014, and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.
The defendant asserted that the plaintiff paid part of the subrogated payment to the plaintiff from 2007 to 2009 by paying the amount of KRW 40 million to D's account, which was the plaintiff's father or the plaintiff's wife, but it is not sufficient to recognize this only with the statement of the evidence No. 1, and there is no other evidence to prove otherwise.
Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.