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1. Defendant B’s KRW 45 million and the Plaintiff’s 15% per annum from January 8, 2019 to May 31, 2019.
Reasons
1. The Plaintiff filed a claim against Defendant B with respect to KRW 45 million and damages for delay calculated at the rate of 15% per annum from the day following the delivery date of a copy of the complaint of this case to the day of complete payment. Defendant B agreed to repay KRW 45 million to the Plaintiff on December 15, 2008 by preparing a written agreement with the Plaintiff on December 15, 2008, stating that “The Plaintiff shall be liable for and compensate for the Plaintiff’s investment amount of KRW 45 million” (hereinafter “each of the instant agreements”) shall be deemed to have been led to Defendant B’s confession pursuant to Article 150(3) of the Civil Procedure Act. As such, Defendant B is obligated to pay the Plaintiff the above KRW 45 million and the damages for delay calculated at the rate of 15% per annum from the day following the day of delivery of a copy of the complaint of this case to May 31, 2019 to the day of complete payment.
2. Claim against Defendant C
A. According to the evidence No. 1 of the judgment as to the cause of the claim, Defendant C is jointly and severally liable for payment of the above money to the Plaintiff at the time of the formation of each of the instant documents. Thus, Defendant C is jointly and severally liable for payment of the said money to the Plaintiff, barring any special circumstance.
B. As to the determination of Defendant C’s defense of payment, Defendant C, on February 2012, demanded payment of approximately KRW 70 million including the Plaintiff’s claim and the above deposit and other various obligations, but in the end, there is a defense that Defendant C agreed to make installment payments of KRW 40 million and paid all these payments in accordance with the agreement.
Comprehensively taking account of the overall purport of the statements and arguments in the evidence Nos. 1 and 2, Defendant C (former spouse D) paid approximately KRW 40 million to the Plaintiff from March 2012 to February 19, 2016. Accordingly, the Plaintiff transferred to Defendant C on February 19, 2016.