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1. The Defendant’s KRW 14,653,430 as well as 5% per annum from January 30, 2013 to October 17, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. On March 20, 2009, the Defendant purchased the Defendant’s purchase of the sales right and the title lending agreement between the Plaintiff and the Defendant (1) from C on March 20, 2009 the sales right of the E Housing Association located in Dongjak-gu Seoul Metropolitan Government D and other E Housing Association (hereinafter “instant sales right”) for KRW 300 million.
(hereinafter “instant sales contract”). The Defendant paid KRW 57 million out of the above sales price by acquiring a loan obligation (hereinafter “Korean bank loan”) from our bank.
(2) In purchasing the instant sales right, the Defendant asked the Plaintiff to sell the instant sales right to the effect that “I will have much taxes if I own apartment in the lock room and purchase the sales right would have no problem to the Plaintiff if I lend the name of the Plaintiff,” and “I would like to think if I would have sold the sales right to the future.” The Plaintiff consented.
(3) The Plaintiff, under the sales contract of the instant sales right, lent the name of the Defendant as the obligor for the loan, even if the Plaintiff assumed the obligation of the Bank loan amounting to KRW 57 million that the purchaser agreed to succeed.
B. (1) Since the market price of the sale right of this case has lowered, the Defendant granted the right to dispose of the sale right to Nonparty F under the condition that the principal is guaranteed.
(2) On March 26, 2010, F sold the instant sales right to Nonparty G and one other (a contract amounting to KRW 30 million on the date of the contract, and an intermediate payment of KRW 70 million on March 29, 2010, the remainder remaining after excluding KRW 57 million from the date of the contract, excluding the remainder of KRW 130 million on the date of change in the name of the buyer), and F agreed with G, etc. to succeed to the buyer’s obligations on the basis of the date of change in the name of the buyer, which is the remainder payment date.
(3) G, etc. is a sum of KRW 30 million and intermediate payments of KRW 70 million.