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1. The defendant shall pay 35,00,000 won to the plaintiff and 20% per annum from May 31, 2013 to the day of complete payment.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) The Plaintiff, the Defendant, and the Defendant: (a) operated the E-art club in Jeju City D at the same rate of 45%, 45%, and 10%; (b) around January 2005, the said E-art club was sold to F for KRW 900 million; and (c) around that time, the Plaintiff and the Defendant received 450,000,000 out of F for all payment of KRW 90 million. (b) The Plaintiff paid KRW 45,00,000 corresponding to C’s share of the above payment immediately after the receipt of the above payment; and (c) around August 9, 2005, the Defendant paid KRW 10,000 out of the above payment amount of KRW 45,00,000,000 corresponding to C’s share of the above payment.
3) On February 28, 2013, the Plaintiff entered into an agreement with C on the assignment of claims, among the above sales price that C acquired with respect to the Defendant, with the content that C received the unpaid claim of KRW 35,00,000,00, and its interest claim, and on April 26, 2013, the notification of the assignment of claims was made on April 26, 2013. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence 1 through 7 (including each number, witness C’s testimony, and the purport of the entire pleadings.
B. According to the above facts, the defendant is obligated to pay to the plaintiff 35,000,000 won and damages for delay calculated by the rate of 20% per annum from May 31, 2013 to the day of complete payment, as requested by the plaintiff, from May 31, 2013 to the day of complete payment.
2. The defendant's argument as to the defendant's claim is asserted that the defendant's husband G borrowed 45,000,000 won which the defendant shall pay to C and that G agreed to pay to C directly. However, although the defendant's husband's testimony and the statement in the evidence No. 2-3, the following circumstances, which can be acknowledged by considering the whole purport of pleading, namely, C, did not have any agreement with G, and the defendant paid KRW 1,50,000 to C as interest on December 27, 2006, and G paid KRW 1,50,000 as the defendant's assertion.