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.

1. Basic facts

A. The Plaintiff married with the Defendant around 1998, but divorced around 2017.

B. On June 14, 201, the Defendant borrowed KRW 30,000,00 from the Sungsung Livestock Cooperatives (hereinafter “Masung Livestock Cooperatives”). By April 25, 2016, the Plaintiff subrogated the Defendant’s above loans of KRW 30,00,000, and interest thereon KRW 13,180,340, total amount of KRW 43,180,340, and KRW 43,180,340.

C. On October 27, 2011, the Defendant obtained a loan of KRW 50,00,000 from the main branch of the Gyeongnam Bank. By June 30, 2014, the Plaintiff subrogated for KRW 50,000,000, and interest thereon, KRW 6,710,156, and KRW 24,860, total amount of KRW 56,710,156, and KRW 56,156.

[Ground for recognition] A without dispute, entry of Gap evidence Nos. 1 through 10, 12 through 24, and the court's high nature livestock industry cooperatives and Gyeongnam Bank Co., Ltd.'s order to submit financial transaction information on July 17, 2018 and the purport of the whole pleadings

2. The repayment by the third party of the judgment on the cause, etc. of the claim is, in itself, beneficial for the debtor, so it should be acknowledged that the debtor is no less favorable than the debtor unless there is any counter-proof, and the repayment should be regarded as a kind of business management, and the third party who has discharged the obligation shall have the right of reimbursement against the debtor in accordance with the legal principles

(2) In cases where a business manager claims reimbursement of expenses, the expenses include ordinary interest from the time of the withdrawal of the amount of the expenses incurred to the time of the withdrawal to the time of repayment (see, e.g., Supreme Court Decision 2017Da233214, Aug. 23, 2017). In light of the foregoing legal doctrine, the Plaintiff may claim reimbursement based on the right to claim reimbursement of expenses from the Defendant based on the right to claim reimbursement of expenses incurred in the management of business affairs. As such, the Defendant may claim reimbursement against the Plaintiff based on the Plaintiff’s right to claim reimbursement of expenses on behalf of the Defendant. As such, the Defendant’s total amount of KRW 99,890,496 = 43,180,340,540, Jun. 5, 2016.