2. The costs of lawsuit shall be borne by the Plaintiff.

A. A. Around April 2013, D entered into a sales contract with the Plaintiff, etc., on the part of the Plaintiff, etc., to purchase F E and Tracler vehicle (hereinafter “instant vehicle”) in the cost of KRW 78 million, but E entered into a sales contract with the intention of cancelling the registration of mortgage completed on the instant vehicle.

B. Around April 18, 2013 pursuant to the above sales contract, D paid the full amount of the above sales price to E through Defendant C and the Plaintiff, but failed to repay the secured debt of the said mortgage upon completion by E, and D paid KRW 65,846,100 on behalf of the mortgagee, the second Capital Co., Ltd. and revoked the registration of collateral security.

C. Around 2014, D filed a lawsuit against the Plaintiff to compensate the Plaintiff for damages equivalent to the amount of subrogated payment. The said lawsuit was pending in the form of service by public notice, and D’s claim was accepted as it is.

After that, on October 24, 2016, the Plaintiff paid KRW 63 million to D and agreed to the above case smoothly.

2. Determination

A. The Defendants are the defendants who actually arranged the above sales contract concerning the instant vehicle as to the gist of the cause of the claim.

The defendants agreed that D will be responsible for the cancellation of the registration of mortgage established on the above vehicle.

Nevertheless, the Defendants did not comply with the above agreement and caused damages equivalent to the amount of subrogation as seen earlier to D.

However, inasmuch as the Plaintiff repaid KRW 63 million to D and jointly discharged the Defendants, the Defendants are jointly and severally liable to pay to the Plaintiff at least KRW 31.5 million (=63 million x 50%).

B. The issue is whether the party to a sales contract receives only the remainder except the secured debt of the mortgage established on an object from the purchase price, or whether the buyer bears the duty of cancelling the mortgage at the time of paying the full purchase price.

Therefore, due to the seller's default.