구상금
1. The Defendant shall pay to the Plaintiff KRW 41,280,103 and the interest rate of KRW 15% per annum from September 5, 2015 to the date of complete payment.
1. Evidence A through A4 and the purport of the whole pleadings, which have been recognized;
A. The Plaintiff and the Defendant completed the share transfer registration on September 15, 2006 with respect to the shares of 1/2 shares on September 24, 2004, respectively, on the ground of the sale on September 24, 2004 with respect to the land control of Seocho-gu Seoul Metropolitan Government C building No. 106 (hereinafter “instant real estate”).
B. A loan contract between D and the new bank (1) is the Plaintiff’s husband, and the Defendant is the Plaintiff’s director.
(2) On September 29, 2008, D and the Defendant agreed that “In order to guarantee the receipt of the instant real estate in the name of D, the right to dispose of the Defendant’s shares shall be delegated to the new bank which agreed to sell the instant real estate as collateral, and at the time of disposal, it shall be notified by telephone, etc. in advance. The remaining amount shall be settled at the time of disposal, and the remaining amount shall be returned to the Defendant and the shortage shall be repaid to D. The period of the loan shall be two years from the date of the loan and shall be repaid in full two years after the date of the loan. The borrower shall pay the Defendant each month and shall not raise an objection against any measure, such as the above condition, if any.”
(3) On October 28, 2008, D, in order to obtain a loan of KRW 65 million from the new bank in charge of the dispute resolution and secure it, D, in the name of the new bank in charge of the dispute resolution and the real estate in this case, shall be determined as the maximum debt amount of KRW 84,50,000,000,000,000,000,0000,000,000 won, and completed the mortgage registration
C. On February 12, 2014, the new bank, which agreed to sell the instant real estate, filed an application for an auction to exercise the security right to the instant real estate, and the decision to commence auction (Seoul Central District Court E) was made on June 11, 2015, and KRW 236,460,142 (the proceeds from the sale shall be KRW 240,000,000) to be actually distributed on the date of distribution implemented on June 11, 2015, the transferee of the bank, which decided to sell and sell the instant real estate, shall be KRW 82,560,206, and the corresponding amount of the Plaintiff’s share shall be KRW 1,560,470.