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1. The defendant shall pay to the plaintiff KRW 23,670,974 as well as 5% per annum from May 28, 2018 to June 4, 2018 and the next day.
Reasons
1. Basic facts
A. On April 13, 2015, the Plaintiff entered into a stock acquisition agreement with C to acquire all KRW 1.7 million of the shares issued by D Co., Ltd. owned by C, with a view to granting an urgent loan in addition to the transfer price, and paid KRW 419,748,725 to C from April 14, 2015 to May 28, 2015.
B. On June 12, 2015, the Plaintiff received the registration of establishment of a mortgage (hereinafter “mortgage”) and the registration of establishment of a mortgage (hereinafter “mortgage”) around the debtor C and the “registration of establishment of a mortgage (hereinafter “mortgage”) on each real estate listed in the separate sheet from the Defendant, who is the type C (hereinafter “instant real estate”).
C. The Plaintiff filed an application for voluntary auction of each of the instant real estate based on the foregoing collateral security with Chuncheon District Court E, and the said court rendered a decision to commence voluntary auction on August 18, 2015.
(hereinafter “instant auction procedure”). D.
The Defendant filed a lawsuit against the Plaintiff regarding the claim for cancellation of the registration of the establishment of a neighboring mortgage as Seoul Central District Court 2015Kadan158072, and the above court rendered a judgment that “the Plaintiff cannot be deemed to have the secured obligation of the instant collateral security” on July 21, 2016, on the ground that the Defendant cannot be deemed to have established the secured obligation of the instant mortgage.”
However, in the case of Seoul Central District Court 2016Na50107, the appellate court decided on March 31, 2017 that the secured obligation exists, and sentenced the cancellation of the first instance judgment and the dismissal of the defendant's claim.
(hereinafter “instant first judgment”). The Defendant filed an appeal against the instant first judgment by Supreme Court Decision 2017Da16549, but the Supreme Court sentenced the dismissal of appeal on August 23, 2017, which became final and conclusive around that time by the Supreme Court.
(hereinafter referred to as “instant first-class action”). E.
The defendant shall file a lawsuit against the plaintiff on the first priority action against the plaintiff as the lawsuit on the merits.