손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 8, 2007, New Housing Construction Co., Ltd. (hereinafter “New Housing Construction”) created a maximum debt amount of 67,700,000 won and a collateral security (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed on October 9, 2007 (hereinafter “instant apartment”) to B on October 8, 2007.
B. On October 31, 2008, B transferred to the Plaintiff the claim of KRW 67,600,000 for the new housing construction and the instant right to collateral security, and on November 4, 2008, the additional registration of the instant right to collateral security was completed in the name of the Plaintiff on November 4, 2008.
C. On August 9, 2011, the Plaintiff entered into a contract with the Defendant (around June 27, 2014, from the Mutual Age Network Loan Co., Ltd. to the current trade name as of June 27, 2014) on the transfer of the claim of KRW 67,600,000 for the new housing construction and the right to collateral security (hereinafter “instant contract on the transfer of claims”). On August 19, 201, the additional registration on the transfer of the instant mortgage was completed under the Defendant’s name.
When entering into the instant assignment contract, the Plaintiff received KRW 50,000,000 from the Defendant as the amount of claim transfer, and the main contents of the said assignment contract are as follows.
2. Where the transferee requests additional documents, the transferee shall supplement the documents without delay, and cooperate in the progress of the transferee;
3. The transferor must clearly inform the assignee of the relationship between the claim indicated above, and if the transferor has any false information different from the content of the separate certificate of claim, he shall return the assigned amount to the transferee and shall be held liable for civil and criminal liability if the transferor delays it.
5. If the transferor is unable to reach KRW 40,000,000 by means of a senior dividend tax claim and a real estate compulsory execution by a transferee by senior wage claim, the transferor shall be 40,000,000 to the transferee.