Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 35 million won (=45 million won-10 million won) remaining after deducting the fixed payment amount of KRW 10 million from the Plaintiff’s 45 million and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 7, 2016 to the date of delivery of a copy of the complaint of this case.

2. The defendant asserts that, as the plaintiff's external third village, D (the death of December 17, 2014) exercising overall control over C's transaction affairs as the plaintiff's external third village is in need of money going out of the military election, the defendant paid 35 million won to him/her around June 2014, and thus, there is no obligation to pay the return amount.

D Although there is no dispute over the fact that D had overall control over the transaction affairs while operating the Plaintiff Do and C, there is no evidence to acknowledge the fact that the Defendant paid the outstanding amount.

The defendant's assertion of repayment is without merit.

3. If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition.