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1. Compulsory execution against the Defendant’s Plaintiff based on the payment order No. 2015 tea 1390, which was enforced by the Changwon District Court for the Defendant’s Plaintiff is 14,786.
Reasons
1. Basic facts
A. On May 14, 2012, the Plaintiff concluded a sales contract with the Defendant to purchase land C and its ground (hereinafter “instant real estate”) for KRW 80,000,000 (hereinafter “instant sales contract”). At the time of the said sales contract, the Plaintiff decided to succeed to the Defendant’s obligation of KRW 30,000,000 (the maximum bond amount of KRW 39,000,000) that the Defendant loaned from the Geum-si Agricultural Cooperative as security, and the Plaintiff completed the registration of ownership transfer on the instant real estate in the name of the Plaintiff on May 15, 2012.
B. On May 7, 2012, the Plaintiff and the Defendant purchased D vehicles by obtaining a loan from Aju Capital Co., Ltd. under the pretext of a secondhand loan (hereinafter “instant vehicle”). On the above loan obligations, the Plaintiff and the Defendant became a guarantor for the Plaintiff’s above loan obligations, and the Plaintiff and the Defendant owned 50% shares, respectively, and registered transfer of ownership.
C. From June 20, 2012 to January 2014, the Plaintiff paid to Aju Capital Co., Ltd. a total of KRW 22,491,981 in installments of the instant vehicle. The Defendant paid KRW 2,215,090 over three occasions on August 21, 2012 and January 21, 2013.
From February 2, 2014, the Plaintiff and the Defendant sold the said vehicle at KRW 16,660,00, and 14,786,180, excluding taxes in arrears, etc. on the said vehicle, were fully appropriated for the obligation of Aju Capital Co., Ltd.
E. Although the Plaintiff did not pay the installment of the instant vehicle, the Defendant did not pay it, thereby causing damages equivalent to KRW 16,600,000, and did not pay it, and even if the Defendant borrowed KRW 200,124 from the Defendant, the Defendant did not pay it. As such, it stated that the Defendant would pay the sum of KRW 16,860,124 and damages for delay.