손해배상(기)
1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. On August 21, 2013, the Defendant leased a building listed in attached Table 3 to C with a lease deposit of KRW 20 million, monthly rent of KRW 80,000,000, and C operated a restaurant at the above building.
B. On January 11, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant, and paid 24 million won as the down payment on the same day, as part of the intermediate payment, and 10 million won as part of the intermediate payment, respectively. Around that time, the Plaintiff and the Defendant agreed to trade each of the instant real estate and other real estate as a separate sales contract, and the Plaintiff purchased each of the instant real estate from the Defendant for 30 million won (hereinafter “instant sales contract”).
C. At the time of the instant sales contract, each of the instant real estate was established with the right to collateral (hereinafter “instant right to collateral”) whereby the Defendant’s obligation for the Defendant’s debt to the Plaintiff was the secured obligation. However, the Defendant explained to the Plaintiff that the secured obligation of the instant right to collateral was KRW 200 million. The Plaintiff agreed that the Plaintiff shall substitute the amount that the Plaintiff paid to the Defendant pursuant to the instant sales contract concluded prior to the instant sales contract in lieu of the amount that the Plaintiff paid to the Defendant. ② The remainder amount of KRW 270 million shall be paid on June 15, 2016, and some of the remainder shall substitute for the Plaintiff’s acceptance of the secured obligation of the instant right to collateral and the obligation to refund the lease deposit against C.
In addition, the buyer shall pay the interest on the loan of the DDR in the terms of the contract.
3.0.Payments after 10.0
The rent for a restaurant shall be accepted at the time of the payment of the balance.
"........"
The Plaintiff is a balance arising from the instant sales contract.