손해배상(기)
1. The Defendant’s KRW 138,455,342 as well as the Plaintiff’s annual rate from March 11, 2015 to October 16, 2015, and the following.
1. Facts of recognition;
A. Scar Construction Co., Ltd. (hereinafter “Scar Construction”) is the executor of the construction project of the building of the building of the building of the 2nd and the 5th above ground (hereinafter “instant building”). The Plaintiff is a contractor awarded a contract for the construction of the instant building of the 3.9 billion won from Scar Construction on July 19, 2010, and the Defendant is a creditor who lent a total of KRW 100 million to Scar Construction from June 1, 2008 to August 30, 2009.
B. On July 22, 2010, Scar Construction borrowed 4.8 billion won from Samsung Mutual Savings Bank Co., Ltd. (hereinafter “Scar Construction”), and the Plaintiff jointly and severally guaranteed the above loan obligations of Scar Construction.
C. On December 6, 2010, the Plaintiff filed a petition with the Suwon District Court No. 2010No. 143 against the construction of Scar, and agreed on December 6, 2010 with the principal content that the Plaintiff would transfer the ownership, etc. of the building of this case to the Plaintiff in the event that a cause, such as the Plaintiff’s failure to repay its loan obligations to Scar Mutual Savings Bank, has occurred.
(hereinafter referred to as the “instant case’s telephone”).
On July 22, 2011, the Korea Financial Savings Bank (hereinafter “Korea Financial Savings Bank”) notified the Plaintiff of the loss of benefit from the obligation to pay loans due to interest delinquency, etc., and notified the Plaintiff of the performance of the guaranteed obligation as a joint and several surety. On July 25, 201, the Plaintiff subrogated to the Korea Financial Savings Bank on behalf of the Plaintiff on the entire remainder of the loans on July 27, 201.
E. On July 25, 201, the Plaintiff received a provisional disposition order (Sacheon District Court Branching Daejeon District Court Decision 2011Kadan3114) that takes the right to claim the transfer registration of ownership as a preserved right as to the building that constitutes the instant building, and completed the registration of provisional disposition on July 27, 201, and on August 1, 201.