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1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from May 21, 2013 to January 21, 2014; and (b) January 22, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On November 19, 2012, the Plaintiff and C Co., Ltd. (hereinafter “C”) agreed to sell 2,900 square meters of forests and fields and 316 square meters prior to E owned by the Plaintiff to C for purchase price of KRW 500 million. After completing civil engineering works on the instant real estate, C borrowed KRW 350 million as collateral and paid KRW 300 million as part payments to the Plaintiff as part payments at the same time with the Plaintiff’s implementation of procedures for the registration of ownership transfer of the instant real estate. The Plaintiff paid KRW 50 million for the remainder on April 30, 2013 and paid KRW 200 million for all expenses, including civil engineering works and lien (hereinafter “the instant sales contract”).
B. At the time of the first sale contract, the instant real estate was set up a collateral of KRW 248 million in total as the secured debt. However, upon C’s request, the Plaintiff additionally loaned the instant real estate amounting to KRW 97 million as collateral and paid KRW 40 million among them as legal expenses and expenses.
C. On February 1, 2013, C was unable to take over the secured obligation of the right to collateral security established on the instant real estate, and the Plaintiff demanded the Plaintiff to change the purchaser’s name with good credit standing. On February 10, 2013, the Plaintiff entered into a new sales contract with the Defendant on the same terms and conditions as the instant first sales contract (hereinafter “instant second sales contract”) with regard to the instant real estate, thereby changing the purchaser’s name as the Defendant. On March 12, 2013, C was appointed as an internal director, who is the representative of C.
However, on April 30, 2013, the Plaintiff is the secured debt of the right to collateral security established by the Defendant on the instant real estate until April 30, 2013.