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1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from December 31, 2015 to April 22, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 26, 2015, the Plaintiff filed a lawsuit against C and D with this court for a loan claim under this court’s 2015da1406, and received a favorable judgment from this court that “C and D jointly and severally pay to the Plaintiff the amount of KRW 88,00,000 and the amount calculated at the rate of 20% per annum from May 8, 2015 to the date of full payment.” The above judgment became final and conclusive around that time.
B. Upon the Plaintiff’s accusation of the foregoing D as fraud, D paid KRW 70,000,000 to the Plaintiff on November 21, 2015 as the agreed amount in the fraud case, and KRW 40,000 among them, the Plaintiff paid KRW 30,000,000 to the Plaintiff on the same day, and the remainder KRW 30,000,000 to the payment by December 29, 2015.
C. On November 21, 2015, the Defendant, having relationship with D, agreed to pay KRW 30,000,000 to the Plaintiff by December 29, 2015 if D did not pay the said KRW 30,000,000 to the Plaintiff by December 30, 2015.
Accordingly, the Plaintiff prepared and proposed a written withdrawal of the complaint against D with respect to the fraud case, but D did not pay the above KRW 30,000,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 30,000,000, and damages for delay calculated by the rate of 5% per annum prescribed by the Civil Act from December 31, 2015 to April 22, 2016, the delivery date of a copy of the complaint in this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
As to this, the Defendant was in an economic and mental state at the time of preparing and delivering a written agreement (Evidence A 3) to the Plaintiff, but the Plaintiff received a written agreement that the Defendant would pay D’s debt without any consideration by taking advantage of the Defendant’s poor condition. Therefore, this is unfair under Article 103 of the Civil Act or Article 104 of the Civil Act.