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1. Defendant B’s KRW 10,000,000 per annum for the Plaintiff and 5% per annum from November 12, 2006 to April 27, 2016.
Reasons
1. Determination as to the claim for indemnity
A. 1) On September 30, 2004, D loaned KRW 70,00,000 from the Seoul National Agricultural Cooperative on the ground of the claim. At the time, as the secured obligation, D’s claim for the above loan was a joint creation of a mortgage on the land of Kimpo-si owned by D, Kimpo-si, Kimpo-si, the Plaintiff’s husband, and the Plaintiff’s husband’s husband, with the maximum debt amount of KRW 91 square meters at KRW 1,184,00,00. (2) The Plaintiff, Defendant B, and D used the loan by dividing the loan and paying KRW 30,00,000 among the principal amount, and Defendant B paid KRW 10,000,000 to D, and Defendant B agreed to pay interest of KRW 70,000 per month.
D under the above agreement, on October 1, 2004, remitted KRW 9,800,000 to Defendant B.
3) On October 12, 2006, D repaid 70,000,000 won of the principal of the loan to the New Gimpo Agricultural Cooperatives. On the same day, the Plaintiff subrogated 10,000,000 won that Defendant B should pay to D on the same day. (4) The Plaintiff asserts that the Plaintiff is the Plaintiff’s land owned by Kimpo-si G forest G 1,184 square meters, which was provided as a joint security for the above loan, under a title trust with Plaintiff’s husband F, and thus, there is a legitimate interest in subrogation for Defendant B’s obligation.
On December 9, 2015, Defendant B stated that “If the Plaintiff repaid KRW 10,00,000 on behalf of the Plaintiff, the Plaintiff would have an obligation to repay to the Plaintiff” on the fifth day for pleading of the instant case.
[Ground for recognition: The facts without dispute; Gap evidence Nos. 1, 2, 3, and 4; the purport of the whole pleadings and arguments) 5) If so, the defendant Eul claims against the plaintiff, who has legitimate interest in payment, as a result of subrogation, about the existence and scope of the obligation of performance by the defendant Eul from November 12, 2006 to April 27, 2016, as the date of the decision of this case (within the limit of 8.4% per annum; 5% per annum as requested by the plaintiff within the limit of 8.4% per annum; and 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day to the date of full payment.