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(영문) 광주지방법원 순천지원 2018.09.20 2018가합10174
손해배상(기)
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1. Defendant C shall pay 141,450,000 won to the Plaintiff and 15% per annum from March 24, 2018 to the date of full payment.

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, Gap evidence 1 through 4, and 8 (including provisional numbers; hereinafter the same shall apply);

(ii) the statements set forth in Eul evidence 7, 8, and 12; witness D’s testimony; Defendant C’s personal examination result; the result of this court’s response to the E-association’s order to submit financial transaction information; the purport of the entire pleadings

A. On December 2015, Defendant B owned 1/2 shares among the real estate listed in the separate sheet (hereinafter “instant shares”) and 6 real estate as to each real estate listed in the separate sheet (hereinafter “real estate Nos. 1 through 6”), and Defendant C owned the remainder of 1/2 shares among the real estate Nos. 1 through 5 (hereinafter “instant shares”).

B. At the time, E Union established, as Defendant B, the right to collateral security (hereinafter “instant right to collateral security”) between KRW 900,000 and KRW 300,000,000 for the debtor with respect to the immovable property Nos. 1 through 5, and the principal of the loan obligation, which is the secured obligation (hereinafter “instant loan obligation”) was KRW 1 billion in total.

C. On December 11, 2015, the Plaintiff purchased shares in the instant case and KRW 600 million, and among them, KRW 300 million entered into a sales contract to acquire the instant loan obligations (hereinafter “the first sales contract”). ② The Defendant C purchased shares in the instant case with KRW 1 billion, and the Defendant C agreed that KRW 700 million will take over the instant loan obligations (hereinafter “the second sales contract”), and Defendant C shall complete the civil engineering works on the instant real estate 1 through 6, and the tax invoice of KRW 500 million will be issued to the Plaintiff.

However, each contract states the purchase price as KRW 300,000,000, and KRW 700,000, respectively.

Accordingly, on December 11, 2015, the Plaintiff paid KRW 300 million to Defendant B (=600 million in the purchase price - KRW 300 million in the assumption of obligation).

In addition, from December 11, 2015 to April 5, 2016, the Plaintiff paid KRW 120 million to Defendant C.

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