구상금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and that part.
1. (1) Determination on the cause of the claim (1) (1) The Defendant is a company established on February 7, 2017 for the purpose of building construction business, etc., and the Plaintiff is the Defendant’s internal director and the representative director of the non-party C Co., Ltd. (hereinafter “C”); (2) the Defendant entered into a credit transaction agreement with the Industrial Bank of Korea on June 1, 2018 and obtained a loan of KRW 200 million at the interest rate of June 30, 2018 and 6.034% per annum; (3) as a result of failure to pay part of the loan, the Bank’s principal and interest rate of KRW 170 million on November 5, 2018; (6.086% per annum; and (4) the Plaintiff did not pay the principal of the loan to the Plaintiff under the above credit transaction agreement; and (5) the Plaintiff did not have any dispute between the Plaintiff and the Plaintiff’s principal of the loan and the Plaintiff’s principal of KRW 17075 billion after the due date.
(2) Therefore, barring any special circumstance, the Defendant is liable to pay the Plaintiff the total sum of KRW 171,752,467 as the amount of indemnity based on the subrogation and the delay damages therefrom.
2. Judgment on the defendant's defense of set-off
A. Offset (1) The Defendant’s assertion that the damage claim was automatically claimed against the Defendant, under a contract for a new construction of a detached house, awarded a subcontract for the part of the printing team construction cost of KRW 378.4 million to C, and the amount of KRW 63,701,552 was unpaid.
The plaintiff, the representative director of C, was paid KRW 231 million in direct payment from the contractor (person ordering). Even though the above money less KRW 63,701,552 that was payable, the plaintiff, the representative director of C, returned the remaining KRW 117,298,448 ( KRW 23,100,000 - KRW 63,701,552 - KRW 50,000) to the defendant.