Text
1. The defendant shall pay to the plaintiff KRW 71,749,709 out of 85,556,606 and the above amount.
Reasons
1. The following facts of recognition are not disputed between the parties, or may be found upon full consideration of the entries in Gap evidence 1 to 3 and the purport of all pleadings:
On May 4, 2005, the Plaintiff filed a lawsuit for indemnity amount under the Seoul Central District Court 2006Kadan243640 against the Defendant, the principal debtor, and B and C, the joint principal debtor, and the joint guarantor. On October 31, 2006, the court rendered a judgment that “the amount calculated by each ratio of 20% per annum from June 9, 2004 to June 30, 2006, as to KRW 97,796,425, and the amount of KRW 95,165,365, as to the Plaintiff jointly and severally and severally, shall be KRW 17% per annum from June 9, 2004 to June 30, 2006, and KRW 20% per annum from the next day to the date of full payment.”
And the above judgment became final and conclusive around that time.
B. The Plaintiff appropriated KRW 23,415,656 paid by the Defendant on November 26, 2007 for KRW 95,165,365 of the principal of the indemnity according to the above judgment. The Plaintiff’s interest rate from the time to time is 17%.
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remainder of KRW 71,749,709,709, plus KRW 13,566,606 (=71,749,709, KRW 13,806,897) based on the above rate of delay damages incurred until the date of repayment with respect to the above amount of KRW 95,165,365, which remains after deducting the above amount of KRW 23,415,656, and damages for delay arising from the above rate of delay damages incurred until the date of repayment. The defendant is obligated to pay 17% per annum from the day after June 9, 2004 to June 30, 2006 to the day after the expiration of the extinctive prescription period of KRW 25,205 (amended by Presidential Decree No. 25165, Sep. 30, 2015).