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1. The Defendant’s KRW 15,628,034 as well as 5% per annum from May 19, 2012 to November 27, 2013 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition (1) The defendant entered into an agency contract with the plaintiff who runs the automobile parts manufacturing business, etc. around 1995, and since December of the same year, the defendant operated the "C" under subparagraph 101 of the Guro-gu Seoul Metropolitan Government Bro block 5 and 101, and closed the transaction with the plaintiff on January 3, 2004.
At the time of the closure of the business, the Defendant had not paid the price of KRW 74,166,738 against the Plaintiff. In order to secure the payment of the above goods, the establishment registration of the establishment in the name of the Plaintiff, whose maximum debt amount is 30 million, was completed regarding D Apartment No. 1308, 304, Yangcheon-gu, the Defendant owned by the Defendant.
(2) On February 17, 2004, E, an employee of the above C, accepted the above C from the Defendant and completed the business registration under his name, and paid the Defendant the amount of KRW 30 million as the transaction deposit, and thereafter, he operated the above C and traded goods with the Plaintiff.
(3) At the time of December 15, 2005, approximately 10 years and about 10 million won from the date of acquisition of E’s place of business, the Defendant paid the Plaintiff the price of the goods in KRW 74,166,738, and KRW 4,937,756, respectively. The Defendant and E demanded the Plaintiff to pay the price of goods in KRW 74,166,738, the Defendant and E demanded the Plaintiff to pay the price of goods in KRW 74,166,738, the amount of KRW 30 million out of the unpaid price of goods in KRW 74,166,738, which are deposited by E in the Plaintiff as the transaction deposit, and in principle, subrogated by E until December 20, 2005, and the remainder 44,16,738, and subrogated by the Plaintiff in the name of the above Defendant to secure the payment of the price of goods in KRW 46,738.
(4) After that, E is out of the Defendant’s obligation to pay for the amount of goods unpaid to the Plaintiff according to the instant subrogation agreement on December 20, 2005.