매매대금
Of the part against the plaintiff in the judgment of the court below, the part which recognized the ground for the deduction of KRW 150,000 shall be reversed, and this part shall be reversed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. According to the reasoning of the lower judgment on basic facts, the following facts are revealed.
The plaintiff purchased the land with the funds of 31,307,750 won per unit to the members of the Gu and newly built the 1,2 complex selling the automobile parts, and failed to sell the 2 complex to the general public, and around January 2005, the plaintiff decided to allocate 2 complex commercial buildings per unit to the members of the Gu.
Around February 2005, the Defendant, having three accounts, shared nine debts among the two complexes and loaned three debts (hereinafter “instant commercial buildings”) to the Plaintiff as security (hereinafter “instant KRW 150 million”), and the Plaintiff jointly and severally guaranteed the above loan obligations.
B. On July 6, 2007, the Plaintiff held a general meeting of shareholders to determine the sale price of the commercial complex. The sale price of the commercial complex of this case is KRW 306,441,760 in total (including value-added tax).
On February 26, 2008 and October 8, 2008, the defendant completed the registration of ownership transfer concerning six debentures except for the commercial buildings of this case among nine debentures allocated around October 26, 2008.
(hereinafter referred to as “six debentures”).
On March 2, 2011, the defendant requested the plaintiff to refund his share to the union.
On March 15, 2011, the Plaintiff notified the Defendant of KRW 207,609,240 of the share refund that the Plaintiff would pay to the Defendant, and then disposed of the Defendant as of June 20, 201.
Since then, when the loan financial institution applied for a voluntary auction on the commercial building of this case due to the overdue interest of the loan that the Defendant borrowed, the Plaintiff, a joint guarantor, subrogated the total amount of KRW 168,105,948 on April 10, 2012, and subsequently filed a lawsuit against the Defendant claiming the amount of indemnity (hereinafter “the claim for indemnity of this case”).
E. On September 9, 2013, the Plaintiff Q. As to the second debt among the instant commercial buildings.