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1. The Defendant’s loans extended to the Plaintiff by Suwon District Court Branch 2014Kadan21655 dated January 30, 2015.
Reasons
1. Facts of recognition;
A. On January 30, 2015, the Defendant filed a lawsuit against the Plaintiff seeking payment of the loan (hereinafter “instant recommending settlement”) with the court. On January 30, 2015, the court rendered a ruling of recommending settlement that “The Plaintiff shall pay the Defendant KRW 30,000,000 to the Defendant until April 30, 2015, and if the Plaintiff delays the payment of the said money, the Plaintiff shall pay the Defendant a delay in the payment of the said money by adding the damages for delay calculated at the rate of 20% per annum from May 1, 2015 to the date of full payment (hereinafter “instant recommending settlement”).” The said ruling was finalized.
B. As the Plaintiff did not repay the amount set forth in the decision of recommending reconciliation of this case, the Defendant applied for compulsory auction of real estate owned by the Plaintiff as the executive title to the decision of recommending reconciliation of this case, and received the decision of compulsory auction as Seoul Southern District Court C.
C. On June 27, 2016, the Plaintiff deposited KRW 38,869,863 [the amount calculated by applying the rate of 20% per annum from May 1, 2015 to June 27, 2016] enforcement expenses (the amount calculated by applying the rate of 30,000,000 won to the principal amount].
[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 4 (including a branch number), and the purport of whole pleadings
2. Determination
A. According to the fact that the Plaintiff filed an objection, on June 27, 2016, deposited KRW 38,869,863, including the principal and interest pursuant to the decision on the recommendation for reconciliation of this case with the Defendant as the principal and the execution cost, etc. as the principal and interest of the Plaintiff as the principal and the Defendant’s claim against the Plaintiff was extinguished.
B. On April 7, 2016, the Plaintiff’s summary of the Plaintiff’s assertion 1) remitted KRW 5,000,000 to the Defendant from the bank account under the Plaintiff’s name on April 7, 2016. Since the Defendant acquired it without any legal cause, the Defendant is obligated to pay the Plaintiff the amount of KRW 5,00,000 as unjust enrichment and the delay damages therefrom. (ii) The Plaintiff is obligated to make a judgment.