손해배상(기)
1. Defendant B’s KRW 120,000,000 as well as 5% per annum from November 11, 2016 to December 27, 2018, respectively, to the Plaintiff.
1. Facts of recognition;
A. On November 9, 2016, the registration of ownership transfer was completed on October 7, 2016 in the name of Defendant B, with respect to the third floor G of the building F of the third floor of the building, Jung-gu, Seoul, and two parcels (hereinafter “instant real estate”).
B. On November 11, 2016, the Plaintiff and Defendant B lent KRW 120 million to I on March 22, 2016, interest rate of KRW 24%, and due date of repayment on November 11, 2017. However, the Plaintiff concluded a monetary loan agreement with the purport that if interest is overdue on three or more occasions, the Plaintiff would lose the benefit of the time limit and pay the principal immediately. As to the reasons for the transfer of KRW 90 million to Defendant B from the preparatory document dated February 8, 2019, the Plaintiff asserted that Defendant B would take over the obligation of KRW 30 million against the Plaintiff.
On the same day, after entering into a mortgage contract on the instant real estate owned by Defendant B, Defendant D, a certified judicial scrivener, completed the registration of creation of a mortgage over the amount of KRW B and the maximum debt amount of KRW 180 million on November 11, 2016.
C. H made a move-in report on the instant real estate on November 4, 2016 and obtained a fixed date. According to the current status of granting the fixed date, the lease deposit amount is KRW 220 million, and the lease term is from November 15, 2016 to November 14, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. Although there is a lessee of the instant real estate, Defendant B, a security, obtained KRW 90 million from the Plaintiff for the purpose of borrowing money, and acquired it by money as a loan, and made the Plaintiff exempt the Plaintiff from the liability for the loan amount of KRW 30 million with respect to I, thereby making the Plaintiff obtain pecuniary benefits equivalent to the same amount from I.
Therefore, Defendant B is the Plaintiff.