손해배상 청구
1. The plaintiff's main claim is dismissed.
2. The Defendant: (a) KRW 130,000,000 for the Plaintiff and its related expenses on November 6, 2014.
1. Basic facts
A. On January 31, 2013, the Defendant leased the Plaintiff heading D, 203 Dong 704, Suwon-si, Suwon-si, as follows, and Nonparty C mediated the said lease agreement.
1) Lease term: From March 29, 2013 to March 28, 2015, the lease deposit amount: 130,000,000 won: (i) the lessee is fully aware of the existence of KRW 301,20,000 of the maximum amount of loan against a bank; (ii) the amount of the claim of the sports credit guarantee foundation for a provisional attachment right is 6,415,800 won, which was proved by the office of a certified judicial scrivener, to be terminated and extinguished by October 2013 due to individual rehabilitation; and (iii) the disadvantage therefrom is liable.
(b).
On January 31, 2013, the Plaintiff paid down payment of KRW 13,000,000 to the Defendant. On March 29, 2013, the Plaintiff paid KRW 117,000,000 to G, the spouse of the former lessee F, as the Defendant’s demand.
C. At the time of January 31, 2013 with respect to the foregoing real estate, the registration of provisional seizure (the claimed amount shall be KRW 6,415,800) by the creditor Gyeonggi Credit Guarantee Foundation on December 31, 2012 was completed on July 10, 2012, and the registration of the establishment of a mortgage (the maximum amount of the claims shall be KRW 301,200,000) by the Korea Exchange Bank (the Korea Exchange Bank which was a mortgagee) was completed on July 10, 2012. At the time of March 29, 2013, the registration was completed on February 7, 2013 upon the creditor company’s request for capital reduction, and the registration was completed on March 14, 2013, respectively.
On February 14, 2013, the defendant filed an application for personal rehabilitation (the Military Court 2013 Session 18111), but the decision of dismissal was made on May 29, 2013.
E. Meanwhile, on the date of distribution on December 5, 2014, the Plaintiff failed to receive the distribution of the said deposit on the date of distribution, which was in progress after the sale of the said real estate in accordance with the said auction procedure.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 8 (including branch numbers; hereinafter the same shall apply) and pleading.