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1. The Defendant’s KRW 26,422,476 as well as the Plaintiff’s annual rate from August 31, 2018 to March 6, 2019.
Reasons
1. Indication of claim;
A. On March 24, 2017, the Plaintiff entered into a sales contract with C Co., Ltd. (hereinafter “C”) to purchase KRW 631 square meters (hereinafter “instant land”) for KRW 400,000,00,000, Nam-gu, Nam-gu, Seoul (hereinafter “instant land”).
B. Even if the Defendant did not have the intent or ability to cancel the right to collateral security established on the instant land even if he/she received the purchase price pursuant to the instant sales contract from the Plaintiff due to the fact that the Defendant was obligated to pay benefits to the company employees from December 2016 to pay the purchase price for other land, the Defendant deceiving the Plaintiff as if he/she had the Plaintiff transferred its full ownership by removing the defects and burdens that limit the exercise of ownership, such as mortgage established on the instant land.
C. Accordingly, even though the Plaintiff paid the full amount of the purchase price of the instant sales contract, the Defendant did not cancel the right to collateral security established on the instant land. Accordingly, upon the commencement of the voluntary auction procedure to the Daegu District Court Port SupportF on January 17, 2018 due to an application for the registration of establishment of a mortgage on the instant land established on the instant land of the E Union, the Plaintiff suffered damages equivalent to the said amount of subrogation by subrogated to the E Union on August 31, 2018, by making payment of the total amount of the debt secured by the said right to collateral security (i.e., principal amount of KRW 220,000,422,476) to prevent the said voluntary auction.
Therefore, the Defendant, as damages for tort, paid to the Plaintiff KRW 226,422,476 on behalf of the Plaintiff, and damages for delay calculated at the rate of 5% per annum under the Civil Act from August 31, 2018 to March 6, 2019, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.