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1. Defendant B:
(a) KRW 42,947,888 as well as 20% per annum from September 14, 2015 to September 30, 2015; and
Reasons
1. Determination as to the claim against the defendant B
A. The facts of recognition (1) The Plaintiff and Defendant B are married couple who completed the marriage report on October 15, 1968.
On January 8, 2007, Defendant B agreed to pay to the Plaintiff 40% of the amount of the pension received, with the agreement between the Plaintiff and the Plaintiff.
(2) Defendant B received a retirement pension as indicated in the “B pension receipt amount” column from the Public Official Pension Service from January 2007 to August 2015, 2015, and paid KRW 1,200,000 per month to the Plaintiff from January 2007 to August 2013.
[Grounds for recognition] The entry of Gap evidence Nos. 3 through 7, the fact-finding results on the chief executive officer of the Public Official Pension Service, the purport of the whole pleadings
B. (1) According to the above facts of recognition as to the cause of claim, Defendant B is obligated to pay to the Plaintiff the agreed amount and damages for delay pursuant to the instant agreement.
(2) As to Defendant B’s defense (A), Defendant B claimed that the Plaintiff calculated Defendant B’s pension and automatically transferred KRW 1,200,000 to the bank employees after having requested the Plaintiff to automatically transfer the amount of KRW 1,20,000,000 from January 2007 to September 2013, 200, and thus, it is unreasonable to seek an excess of KRW 1.2 million due to the Plaintiff’s negligence.
However, the above assertion is not acceptable inasmuch as it is not sufficient to acknowledge the above assertion by Defendant B solely with the statement of No. 8, and there is no other evidence to prove otherwise.
(B) Even if the Plaintiff was partly involved in the automatic transfer from Defendant B’s account, it is difficult to readily conclude that the Plaintiff renounced the claim regarding the excess of KRW 1.2 million. (B) Defendant B, even though the Plaintiff agreed not to interfere with all privacy at the time of entering into the instant agreement, was able to cause pain by having his children observe the Defendant B, and caused pain to his children, including Defendant C, a family helper, and their children.