Text
1. The defendant's decision is based on the Seoul Central District Court Decision 2006Gaso201725 decided May 11, 2007.
Reasons
1. Facts of recognition;
A. On May 16, 2003, the Defendant lent KRW 10,000,00 to the Plaintiff, and C jointly and severally guaranteed the Plaintiff’s above loan obligation.
B. On August 15, 2003, the Plaintiff paid KRW 5,000,000 out of the above loan debt to the Defendant.
C. The defendant is the above A.
On August 16, 2006, the Plaintiff and C filed a lawsuit to the effect that “The Plaintiff and C jointly and severally pay to the Defendant the amount of KRW 10,00,000 and the amount calculated by the rate of 25% per annum from September 14, 2003 to the date of full payment.” The C received a court’s decision of performance recommendation with the same purport as C did not raise any objection, and the decision of performance recommendation with respect to C was finalized on September 27, 2006, and the Plaintiff raised an objection against the above decision of performance recommendation.
In recognition of the fact of repayment stated in the claim, the plaintiff was affirmed and confirmed to the effect that "the plaintiff shall pay to the defendant the amount of five thousand won and twenty-five percent (25%) per annum from September 22, 2006 to the day of full payment."
(Seoul Central District Court Decision 2006Gaso201725 decided May 11, 2007, hereinafter "the judgment of this case"). D.
On October 5, 2007, the Defendant received the claim for the return of deposit against C as the preserved right upon the decision of performance recommendation as to C, and received KRW 10,000,000 from D upon receiving the claim attachment and collection order under Seoul Northern District Court Decision 2007TTT7489 on October 5, 2007, and submitted the written waiver of attachment and collection to the above court on July 16, 2008.
[Ground of recognition] Facts without dispute, Gap 5, Gap 6, Gap 7, Gap 9, Gap 9, witness C and Eul's testimony, the purport of the whole pleadings
2. According to the above facts of recognition, the amount of debts based on the judgment of this case which occurred until July 16, 2008 shall be KRW 7,273,972 ( = 5,00,000,000 x 25% x 664 days/365 days) and the Defendant collected KRW 10,000,000 in excess of D on July 16, 2008, thereby extinguishing all of its obligations based on the judgment of this case.