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1. The defendant shall pay 80 million won to the plaintiff and 5% per annum from February 1, 2009 to January 7, 2016 and the next day.
Reasons
1. The plaintiff asserted that the judgment on the cause of the claim is based on the following facts: (a) from around December 1, 2003 to December 3, 2013, the plaintiff had been engaged in the business of involuntary acts with respect to the defendant, personal visa, etc.; (b) had entered into an employment contract with the same content three times a month; and (c) around that time, from around December 1, 2008 to December 2008 at the defendant's request, the plaintiff paid the defendant's Solomon Savings Bank, C, D, mountain money, personal debt, credit card debt, etc.; (c) around January 2009, the settlement was made between the plaintiff and the defendant; (d) the plaintiff paid the defendant's debt amount of KRW 80,000,000 on behalf of the defendant; and (e) the defendant agreed to refund the above amount with the loan borrowed money and interest thereon.
(2) In light of the purport of the Plaintiff’s assertion, the Defendant is obliged to pay the Plaintiff the amount of KRW 80,000,000 as well as the amount of delay damages therefrom, not the claim for reimbursement or loan based on the premise of subrogation, but the amount of money newly subrogated after subrogation as the object of a loan for consumption. Thus, the Defendant is obliged to pay the Plaintiff the amount of KRW 80,000 and the amount of delay damages.
B. In the absence of dispute between the parties to the judgment, or comprehensively taking account of the purport of the entire arguments as to Gap evidence 1-1, 2, 3, and 5-1, and 2-2, the defendant acknowledged that the plaintiff paid 80,000,000 won, such as his/her own Solomon Savings Bank, credit card obligations, etc., or credit card obligations, etc., and that the plaintiff paid 80,000,000 won to the plaintiff on February 1, 2009, the defendant agreed to pay the principal and interest at 24% per annum after taking the interest as the borrowed principal into account as 80,00,000 won and then setting the interest at 24% per annum.
Thus, the defendant is obligated to pay the above KRW 80,000,000 to the plaintiff and the damages for delay, unless there are special circumstances.
2. Judgment on the defendant's assertion
(a) part of the allegation of invalidation or revocation;