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1. The Plaintiff’s obligation based on the final judgment of the Daegu District Court 2006Kadan116921 against the Defendant is KRW 60 million.
Reasons
1. Basic facts
A. The defendant filed a loan lawsuit against the plaintiff (former C). On December 26, 2006, the Daegu District Court rendered a judgment in favor of the defendant in the case of loans [C shall pay to B the amount of KRW 60 million and the amount calculated by the rate of KRW 20% per annum from September 9, 2006 to the date of full payment]. The above judgment became final and conclusive on January 12, 2007.
B. The Plaintiff, as a result of the repayment of the above final and conclusive amount, remitted the sum of KRW 33 million from October 19, 2007 to the Defendant’s name account from October 19, 2007 to December 19, 2013.
[Ground of recognition] Unsatisfy, Gap evidence 2-1, 2, and 3
2. The assertion and judgment
A. The Plaintiff asserted that the Defendant and the Defendant agreed to exempt delay damages from the principal and interest of the above final and conclusive judgment and to pay the principal in installments only. The Plaintiff asserted that the said final and conclusive judgment amount was fully repaid in the amount of remittance of the said account and cash lump-sum, and that the said final and conclusive judgment amount was fully repaid.
The defendant asserts that there was no agreement on the exemption of damages for delay, and until May 10, 2016, the defendant merely paid 33 million won of delay damages, which is part of the total amount of 176 million won of the principal and interest of the above final and conclusive judgment (one hundred million won of delay damages of KRW 60 million of principal).
B. Determination 1) First, whether there was an agreement between the Plaintiff and the Defendant on the exemption of damages for delay, and as seen earlier, the amount remitted to the Defendant was KRW 50 million per month, and it is insufficient to recognize that the Plaintiff and the Defendant agreed on the exemption of damages for delay and the payment of the principal in installments only on the sole basis that the said amount was much more than 33 million won in the principal and interest of the said final judgment. There is no evidence to support the Plaintiff’s assertion. 2) Next, it is recognized that the amount repaid to the Defendant by the Plaintiff to the Defendant was 330 million won in total, and it is additionally cash lump sum payment.