손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) around 2009, the Defendant extended a loan to E, who operated a multi-family house on a four-story scale in C and D (hereinafter “instant site”) around 2009.
On June 4, 2009, the Defendant created the right to collateral security (hereinafter “mortgage”) with the maximum debt amount of KRW 325 million in the instant site, and changed the maximum debt amount of KRW 377 million on September 8, 2009.
(2) Around that time, E was detained by robbery.
B. On December 30, 2010, the Plaintiff subscribed to a loan agreement between E and the Defendant on December 30, 2010.
[2] On the same day, the Plaintiff received the registration of ownership transfer due to sale and purchase, and registered himself as a debtor of the instant collective security on the same day. The Plaintiff received the registration of ownership transfer as to the instant land, and registered his own as a debtor of the instant collective security.
C. The Defendant’s application for payment order and the execution of the right to collateral security (1) asserted that the Defendant lost the interest payment of the instant loan due to delay, and applied for a payment order claiming the principal and interest.
On January 28, 2013, the Daegu District Court issued an order to pay (the Plaintiff) 423,083,560 won and 34,000 million won with 19% interest per annum from January 17, 2013 to the day of full payment.
(2013j71). The payment order became final and conclusive as it is because the plaintiff did not raise any objection.
(2) On December 24, 2013, the Defendant applied for voluntary auction on the basis of the instant right to collateral security.
(C) On March 24, 2015, the Plaintiff sold the instant land on March 24, 2015, and the Plaintiff was paid a considerable portion of the instant loan at the proceeds of sale.
On August 16, 2016, G’s friendship G’s payment of the remainder of the instant loan by subrogation for the Plaintiff’s payment of KRW 10 million.
[Ground of recognition] A.