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1. The Defendant’s KRW 63,920,00 for the Plaintiff and KRW 5% per annum from August 21, 2013 to December 12, 2014.
Reasons
1. Facts of recognition;
A. On June 201, the Plaintiff loaned a total of KRW 100 million to the Defendant, and agreed from the Defendant that the sum of interest, etc. on the leased principal should be refunded KRW 150 million (hereinafter “the first agreement”).
B. On the other hand, on October 24, 201, the Plaintiff, C, D, and E filed a lawsuit against FJ (F) with the Jeonju District Court 201Kahap6242, which sought reimbursement of the down payment and damages relating to the real estate sales contract, and on February 20, 2013, the said court rendered a judgment on the following facts: “In the middle of C, C, D, and E shall pay the Plaintiff KRW 250 million and interest, and KRW 400 million and interest to C, respectively.”
Since then, both the plaintiff, C, D, E, and non-party parties appealed to the judgment of the first instance.
C. The creditors against the Plaintiff and the Defendant shared the litigation costs, such as attorney appointment fees, against the above appellate court, and subsequently, the creditors against the Plaintiff and the Defendant agreed to jointly distribute the money that the Plaintiff would receive in relation to the above appellate court in proportion to their respective claims.
In this regard, on May 16, 2013, the Plaintiff agreed with the Defendant to fix the amount of the claim against the Defendant as KRW 100 million in relation to the said lawsuit (hereinafter “the second agreement”). D.
On May 15, 2013, creditors and the defendant against the defendant including the plaintiff et al. agreed that the agreement that the defendant received in relation to the above lawsuit shall be appropriated to the litigation expenses paid by each party in the first order, and the second order shall be allocated in proportion to their claim amount (hereinafter "agreement of this case").
E. The Plaintiff received KRW 3,726,00 from the agreed amount received by the Defendant in connection with the above lawsuit (= KRW 29,500,000) on May 16, 2013; and KRW 3,290,000 on May 23, 201, respectively; and the portion of KRW 3,926,00 among them was paid by the Plaintiff in connection with the said lawsuit.
[Ground of recognition] There is no dispute.