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1. The Defendant shall pay to the Plaintiff KRW 32,60,000 and the interest rate of KRW 15% per annum from March 16, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On March 18, 2015, Seoul Guarantee Insurance Co., Ltd. was issued a seizure and collection order against the Plaintiff based on each executory exemplification of the judgment in Gwangju District Court 2009 Ghana 165315 Claims and 2007 Ghana 212453 Claims against the Defendant, which issued a seizure and collection order against the Defendant’s wage claim amounting to KRW 46,656,961 to the Plaintiff. The above seizure and collection order was served on the Plaintiff on March 20, 2015.
B. Seoul Guarantee Insurance Co., Ltd. filed a lawsuit against the Plaintiff for collection amounting to the Gwangju District Court 2015Kadan35701, and the said court rendered a judgment on October 14, 2015, stating that “the Plaintiff shall pay KRW 46,656,961 to Seoul Guarantee Insurance Co., Ltd. and delay damages therefrom,” and the said judgment became final and conclusive on November 3, 2015.
C. After that, the Seoul Guarantee Insurance Co., Ltd. applied for compulsory execution based on the above judgment, the Plaintiff paid KRW 32.6 million to the Seoul Guarantee Insurance Co., Ltd., after consultation with the Plaintiff.
Meanwhile, from March 20, 2015, when the above order of seizure and collection was served on the Plaintiff, the Defendant paid to the Defendant the benefits exceeding the prohibited amount of seizure from March 20, 2015 until July 31, 2015, which was KRW 10,484,693. At that time, the Plaintiff trusted the Defendant’s horse to resolve the claim for reimbursement against Seoul Guarantee Insurance Co., Ltd. by himself, and paid the full amount of the benefits, including the excess of the prohibited amount
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branches number, if any), the purport of the whole pleadings
2. According to the above facts of recognition, even though the plaintiff paid all the benefits to the defendant, according to the judgment of seizure and collection order and the collection amount based thereon, the plaintiff paid 32.6 million won out of the defendant's indemnity obligation by subrogation of the defendant. As a result, the defendant's indemnity obligation against Seoul Guarantee Insurance Co., Ltd. is equal.