손해배상(기)
1. Defendant C shall pay to the Plaintiff KRW 52,00,000 and the interest rate of KRW 15% per annum from September 6, 2018 to the date of full payment.
Basic Facts
The Plaintiff received an order against D to pay the agreed amount of KRW 100 million and damages for delay.
(B) On March 27, 2017, the Plaintiff concluded a mortgage contract with D and its attached list (hereinafter “instant real estate”) on March 27, 2017, with the maximum debt amount, which is KRW 80 million, the mortgagee of the right to collateral security, and the debtor D as the secured debt, with respect to the real estate indicated in the attached list attached thereto (hereinafter “instant real estate”). On March 27, 2017, the Plaintiff completed the registration of creation of mortgage.
(Cheongju District Court Decision No. 13144, Apr. 3, 2017; hereinafter “instant collateral security”). Defendant B completed the registration of ownership transfer on the instant real estate on January 3, 2018.
On June 17, 2018, Defendant C drafted a written commitment of payment with the purport that “In the event that Defendant C terminates the right to collateral security on the instant real estate (factory site) at the request of Defendant B, Defendant C shall be present at the Plaintiff and E at the time of the bank loan to pay the balance, and that the amount of KRW 52 million out of the land price shall be paid to the Plaintiff.”
(hereinafter “instant letter of payment”). On June 27, 2018, the Plaintiff renounced the instant right to collateral security, and on June 28, 2018, the registration of cancellation was made on the instant real estate.
【In the absence of dispute, there is no ground for recognition, Gap's Nos. 1 and 3 (including virtual numbers), Eul's No. 1, and the purport of the whole arguments and arguments of the parties concerned, defendant C is the substantial master of defendant B.
As to the instant real estate that Defendant B acquired ownership on January 3, 2018, Defendant C sought the Plaintiff, and Defendant C promised to obtain money from the bank and pay 52 million won to the Plaintiff upon cancelling the instant collateral security. As such, Defendant C promised to obtain money from the bank and pay the Plaintiff the money.