손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a stock company with the objective of manufacturing concrete products and environment-friendly products. The Defendant invested in kind the real estate listed in the attached Table B (hereinafter “instant real estate”) in B as an internal director of a stock company B (hereinafter “B”) for the purpose of manufacturing cement products, etc., but was retired from the internal director on December 2, 2012.
B. On November 25, 201, the Defendant owned the instant real estate owned B with the maximum debt amount of KRW 289,00,000,000 and B’s collateral (hereinafter “instant collateral”) as the “mortgage,” and had the secured debt of the instant collateral as to the instant real estate. However, regarding the instant real estate, the instant collateral was set up with the priority as the maximum debt amount of the said mortgage, which is the 1,800,000,000,000 won, and the debtor B and IB, a corporation holding the right to collateral (hereinafter “IBK Capital”).
C. On December 16, 2015, the Plaintiff entered into a contract with the Defendant for partial transfer of confirmed claims (hereinafter “instant contract”) stating that the Defendant will acquire the part of the instant claim amounting to KRW 100,000,000, total sum of the principal and interest of the instant claim and KRW 100,000,000, out of the instant collateral security (hereinafter “instant contract”).
On December 16, 2015, the Defendant issued to the Plaintiff a registration of partial transfer of the right to collateral security in the instant case No. 24 regarding the part equivalent to KRW 100,000,000, out of the amount of the instant right to collateral security in accordance with the instant contract.
In addition, the Plaintiff paid KRW 50,000 to the Defendant on the same day.
E. On December 23, 2015, the Defendant filed an application for voluntary auction on the ground of the remainder of the right to collateral security not transferred to the Plaintiff among the instant right to collateral security.
On the same day, the Plaintiff paid the remainder of KRW 50,000 to the Defendant.
F. The Defendant’s instant claim against B on January 5, 2016.