손해배상(기)
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 400,000,000 as well as to the day of full payment from March 31, 2012 to the day of full payment.
1. On November 20, 2009, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the Defendant Company to purchase D factory sites and buildings on the land (hereinafter “each of the instant real estate”) for KRW 2,786 square meters and the price therefor (hereinafter “instant contract”) at KRW 1.6 billion.
As to each real estate of this case, the Defendant Company completed the registration of the establishment of a mortgage on March 24, 2006 with the maximum debt amount of KRW 18 billion with the maximum debt amount of KRW 18 billion with respect to the establishment of a mortgage on June 19, 2006, the registration of the establishment of a mortgage on June 19, 2006, with the maximum debt amount of KRW 180 million with respect to the establishment of a mortgage on June 19, 2006, and the registration of the establishment of a mortgage on June 28, 2007, with the maximum debt amount of KRW 40 million with the maximum debt amount of KRW 1,574,125,749, respectively, at the time of the conclusion of the contract of this case.
The Plaintiff and the Defendant Company agreed to cancel all of the instant collateral security rights by repaying the remainder of KRW 1.4 billion and the remainder of KRW 1.4 billion paid by the Plaintiff on January 20, 2009, KRW 200 million, KRW 80 million on November 30, 2009, KRW 80 million on November 30, 2009, KRW 40 million on December 15, 2009, and KRW 1.4 billion on January 29, 2010. The Defendant Company paid the remainder of KRW 1.4 billion to the Plaintiff until January 29, 2010, and the difference between the sum of the secured debt of each of the instant collateral security rights and the sum of the secured debt of KRW 174,125,749 ( KRW 1,574,125,749, KRW -1,400,000).
The Plaintiff paid a total of KRW 200 million to the Defendant Company three times from November 20, 2009 to December 15, 2009 as down payment. However, as the Defendant Company became aware of the circumstances under which the difference between the total amount of secured debt and the remainder of each of the instant collateral security interests would be 174,125,749 won, the remaining payment date between the Plaintiff and the Plaintiff on December 25, 2009 would be changed from January 29, 2010 to March 12, 2010.