대위변제금
1. The Defendant’s KRW 35,500,000 as well as 5% per annum from March 2, 2006 to October 6, 2016 to the Plaintiff.
1. Facts of recognition;
A. On January 18, 2005, the Plaintiff purchased real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) from the Defendant, and entered into a special agreement with the Defendant as follows:
(1) On March 30, 200, the Plaintiff is responsible for the secured debt of the establishment registration of a neighboring mortgage at the Industrial Bank of Korea, the debtor C, and the maximum debt amount of 174,000,000 on March 30, 200.
② On December 31, 2001, regarding the instant real estate, the Plaintiff becomes liable for the secured debt of the establishment registration of a neighboring mortgage amounting to KRW 60,000,000 with regard to the Industrial Bank of Korea, the debtor D, the maximum debt amount.
③ The Plaintiff is liable for KRW 30,000,000 to be returned to the lessee of the instant real estate.
④ The Plaintiff waives KRW 150,000,000 that should be received from the Defendant regarding multi-household housing (G building) located in Mapo-gu Seoul Metropolitan Government and in F, and replaces the instant real estate with the real estate.
⑤ On February 26, 2003, the secured obligation of the establishment registration of a mortgage, which was completed on February 26, 2003 with respect to the instant real property as the National Bank of Korea, the debtor H, the maximum debt amount of 299,000,000 won, is liable to the Defendant, and the seizure is also liable to the Defendant
B. On January 18, 2005, the Plaintiff paid to the Industrial Bank of Korea the amount of KRW 60,000,000 as the secured debt stated in the instant sales contract. On the same day, the Plaintiff paid to the lessee of the instant real estate the amount of KRW 30,000,000 as the lease deposit stated in the instant special agreement. On the same day, the Plaintiff received a receipt from the Defendant that “the payment of KRW 90,000,000, out of the purchase price of the instant real estate was completed.”
(2) The registration of establishment of a neighboring mortgage mentioned in the above special agreement was cancelled on January 25, 2005.
C. Meanwhile, while borrowing KRW 30,000,000 from I on September 1, 2003 from I, the Defendant issued Promissory Notes with the face value of KRW 30,000,000 and the due date of October 2, 2003, and the notary public on September 2, 2003.