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(영문) 서울남부지방법원 2016.08.19 2016가단18887
구상금
Text

1. The Defendant’s KRW 50,845,207 to the Plaintiffs, as well as 5% per annum from April 29, 2016 to May 30, 2016.

Reasons

1. Facts of recognition;

A. On June 9, 2014, the Plaintiffs concluded a sales contract with the Defendant to purchase KRW 160 million of the fourth floor of the building in Nam-gu Incheon Metropolitan City (hereinafter “instant building”) from the Defendant for KRW 401,000,000.

The Plaintiffs and the Defendant paid down payment of KRW 16 million on the date of the contract, and paid in cash on June 10, 2014 the remainder of KRW 23.5 million on the date of the contract, and the remainder of KRW 120.5 million on the grounds that Korea Exchange Bank Co., Ltd. ( Han Bank Co., Ltd., Ltd., and Han Bank, Inc., hereinafter “I Bank”) decided to substitute for payment by the Plaintiffs for the loans of KRW 120.5 million out of the loans of the instant building and the loans of the right to collateral security jointly created pursuant to a joint agreement of 402 on the fourth floor of the same building.

B. On the date of the contract, the Plaintiffs paid the Defendant a down payment of KRW 16 million and KRW 23.5 million out of the remainder on June 10, 2014, and completed the registration of ownership transfer for the instant building. On March 5, 2016, instead of succeeding to the loan obligation of the right to collateral security, the Plaintiffs paid all remainder to the Defendant by paying KRW 120.5 million out of the loan principal, instead of succeeding to the loan obligation of the right to collateral security.

C. On April 26, 2016, Han Bank notified the Plaintiffs of the fact that the Defendant’s repayment of the principal and interest of the instant building should be made by May 10, 2016.

On April 29, 2016, the Plaintiffs received from Han Bank a certificate of subrogation that the Defendant paid the Defendant a total of KRW 50,845,207 as the principal and interest of loans, and that the Defendant subrogated for the loan.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, whole purport of pleading

2. Determination:

A. In order to prevent the progress of the auction procedure against the building of this case, the plaintiffs asserted that the defendant is obligated to pay the above money to the plaintiffs, since one bank pays the principal and interest of 50,845,207 won to the defendant.

The defendant, the defendant, MFFC, the building of this case and the above D building, the joint security.

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