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(영문) 서울동부지방법원 2017.05.18 2016가합105013

구상금

Text

1. The Defendant’s KRW 530,465,551 as well as the Plaintiff’s annual rate from May 27, 2016 to July 6, 2016, and the following.

Reasons

Basic Facts

On August 2007, the Defendant demanded that the Plaintiff, who had worked at a private teaching institute operated by the Defendant, provide the Plaintiff’s real estate as security for a period of one year so that the Plaintiff can obtain a loan necessary for the operation of the private teaching institute.

On August 17, 2007, the Plaintiff, at the Defendant’s request, set the right to collateral security with a national bank, the debtor, and the maximum amount of debt of the Defendant as KRW 360 million in the Songpa-gu Seoul apartment 10-dong 907 (hereinafter “instant real estate”).

After one year, the Plaintiff demanded the Defendant to cancel the registration of creation of a neighboring mortgage as stated in the preceding B B.

However, the Defendant, rather than by preparing a loan on the instant real estate as collateral, demanded the establishment of a sub-mortgage to pay profits. Accordingly, on June 30, 2008, the Plaintiff, the mortgagee of the instant real estate, the first mutual savings bank, the debtor, and the maximum debt amount, set up a sub-mortgage worth KRW 350 million.

On May 26, 2016, the Plaintiff paid by subrogation the amount of KRW 254,792,472, and the amount of KRW 275,673,079, respectively, to the Korean National Bank on May 27, 2016, when the Defendant was unable to repay the debt borrowed pursuant to the above paragraphs (b) and (c).

[Ground of recognition] In light of the facts without dispute, Gap evidence 2 through Gap evidence 6, and the above facts of determination as to the ground of claim as to the whole purport of the pleadings, the defendant shall pay to the plaintiff the total amount of 530,465,51 won on his/her behalf, and as requested by the plaintiff, the legal interest calculated at the rate of 5% per annum from May 27, 2016 to July 6, 2016 when a copy of the complaint of this case was delivered to the plaintiff, and the legal interest under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.