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1. The Defendant’s KRW 25,00,000 as well as 5% per annum from April 23, 2016 to December 2, 2016 to the Plaintiff.
Reasons
1. Basic facts ① On July 19, 2004, the Plaintiff subrogated each of the Defendant’s loans of KRW 12,772,152 and the Defendant’s financial obligations of KRW 25,793,838 to the Defendant’s actual livestock industry cooperatives.
(2) On March 11, 2014, the Defendant paid to the Plaintiff KRW 5,00,000,000 in total, including KRW 1,00,000,000 on June 18, 2014, and KRW 2,00,000 on October 13, 2014.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 and 3 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion (i) around early 2014, the Defendant agreed to pay a total of KRW 30,000,000 as the amount of indemnity for each of the instant subrogation between the Plaintiff and the Plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff the remaining KRW 25,00,000 after deducting the amount of KRW 5,000,000 already paid from the amount of KRW 30,000.
B. The Defendant suggested that he would pay KRW 20,000,000 to the Plaintiff as the compensation amount for each subrogation of the instant case at around March 2014, but the Plaintiff refused this.
Then, the Plaintiff demanded the Defendant to pay KRW 30,000,000 as the amount of indemnity for each subrogation of the instant case, and without delay, threatened or avoided the Defendant. D, who was aware of such circumstances, would lend KRW 5,00,000 to the Plaintiff. The Defendant proposed to pay KRW 25,00,000 as the amount of indemnity for each subrogation of the instant case. However, the Plaintiff refused this.
Recordings (No. 2, No. 5-1, No. 2) submitted by the Plaintiff are recorded in these contents.
Ultimately, there was no agreement between the Plaintiff and the Defendant to pay KRW 30,000,000 as the amount of indemnity for each subrogation of this case. Accordingly, the Plaintiff’s claim for indemnity against C expired by prescription, and KRW 12,772,152 as to the Defendant’s claim for indemnity against the Defendant.