손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 15% per annum from October 31, 2017 to the date of full payment.
1. Basic facts
A. Party status 1) The Plaintiff is a clan in charge of the protection and religious services of the graves of the common ancestor (hereinafter “Plaintiff clan”) under the Jung-si’s 13-year-old descendants of HC C and 18-year-old descendants of HC, who is the 18-year-old descendants of HC. The Plaintiff’s clan (hereinafter “Plaintiff clan”).
(2) The Defendant was the president of the Plaintiff clan from June 2009 to January 2012.
B. 1) The Plaintiff clan entered into a sales contract for the instant real estate (hereinafter “M”) on July 20, 2009, which promoted the implementation of collective housing business pursuant to the Urban Development Act at the Sungnam-gu L Day on July 20, 2009.
2) The land owned by the Plaintiff and the Plaintiff’s clan 4,258 square meters and 26 square meters (hereinafter “instant real estate”).
The sales price shall be KRW 49 billion, and the down payment shall be KRW 4.9 billion on August 31, 2009, the intermediate payment of KRW 29.4 billion within 10 months after the down payment, and the balance of KRW 14.7 billion within one month after business approval (hereinafter “the instant real estate sales contract”).
(2) Article 3(3) of the instant Real Estate Sales Contract provides that “The Plaintiff clan shall submit all the documents required for the creation of a security right (such as collateral security, land trust, provisional registration, etc.) in the form of M for the money received at the same time as the down payment and intermediate payment after the conclusion of the instant contract, and the expenses incurred therefrom shall be borne by M.”
C. On November 19, 2009, M entered into a credit transaction agreement with the Central Busan Mutual Savings Bank and KRW 2 billion, Busan Mutual Savings Bank and KRW 11 billion, Daejeon Mutual Savings Bank and KRW 12 billion, Daejeon Mutual Savings Bank and KRW 8 billion, Korea Mutual Savings Bank and KRW 3 billion, Gyeonggi Mutual Savings Bank and KRW 10 billion, Promotion Mutual Savings Bank and KRW 8 billion, Yong-Nam Mutual Savings Bank and KRW 4 billion, Incheon Mutual Savings Bank and KRW 25 billion, KRW 25 billion, KRW 15 billion, and KRW 98 billion on November 19, 2009.2) The Plaintiff clan entered into a credit transaction agreement with the Plaintiff on November 19, 2009.