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(영문) 서울중앙지방법원 2019.08.27 2018가단42406
손해배상 청구소송
Text

1. The Defendant’s KRW 24,046,880 as well as the Plaintiff’s annual rate from August 21, 2018 to August 27, 2019, and the following.

Reasons

1. Facts of recognition;

A. On July 15, 2008, the Plaintiff purchased E Apartment Building F and G (hereinafter “instant shopping mall”) owned by the Defendant in Seoul Mapo-gu and D, and agreed to pay KRW 200 million on behalf of the Plaintiff the amount of KRW 150,000 (1.80,000,000,000) of the right to collateral security established in the instant shopping mall. The Plaintiff succeeded to the amount of KRW 1.5 million (1.80,000,000,000) of the right to collateral security established in the instant shopping mall, and the remaining KRW 50,000,000,000 was to substitute for the Plaintiff’s acquisition of the right to lease deposit against the lessee of the instant shopping mall

B. The Plaintiff completed the registration of ownership transfer with respect to the instant commercial building on July 17, 2008.

C. Meanwhile, in addition to the above collateral security obligation, the instant commercial building was established with the right to collateral security, which was set up for the debtor, the defendant, and the maximum debt amount of 325,000,000, as well as the aforementioned collateral security obligation. However, at the time of the above sales contract, the defendant agreed to assume the liability for damages to the plaintiff due to the failure of the defendant to repay the debt amount of the above collateral security by the end of August 2008.

The defendant above C.

As a result of the failure to repay the collateral security debt of the claim in time, J applied for a voluntary auction on April 26, 2010, and as a result of auction, the commercial building of this case was awarded a successful bid to a third party.

E. The Plaintiff paid KRW 3,675,670 as acquisition tax, registration tax, etc., KRW 17,371,210 as intermediary fee, KRW 3,00,00 as intermediary fee, property tax, environment tax, traffic tax, etc.

[Reasons for Recognition: Facts without dispute, Gap 1 through 12, each entry in Eul 1 through 4, the purport of the whole pleadings]

2. According to the above facts of recognition, the defendant is obligated to pay the plaintiff a total of KRW 24,046,880 and delay damages.

In regard to this, the Defendant first agreed to acquire the said H’s collateral obligation, but the Plaintiff did so.

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