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(영문) 수원지방법원 2018.11.01 2018가단2741
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 64,778,285 and the interest rate of KRW 15% per annum from April 12, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On May 2, 2005, the Plaintiff purchased a 991 square meters in the wife population D, 36 square meters in the E, F-road, 79 square meters in the G, and 50 square meters in the G, which is the Defendant’s office, as the brokerage of net C, which is the Defendant’s omission, (hereinafter “Plaintiff’s land”), and installed a plastic house on the Plaintiff’s land and operates a restaurant.

B. On April 20, 2005, the Defendant purchased a land of H 849 square meters (hereinafter “instant land”) with a wife population H 849 square meters on May 23, 2005, and completed the registration of ownership transfer on each of the above lands on May 23, 2005. The Defendant’s land is located at the entrance of the Plaintiff’s land as indicated in the attached cadastral map, and was adjacent to G 50 square meters of land among the Plaintiff’s land, and 47 square meters of which were assigned as a road.

C. On June 24, 2010, the Defendant borrowed KRW 244,000,000 from the IF as of June 24, 2019.

From August 30, 2013 to June 16, 2017, the Plaintiff subrogated the amount of KRW 57,447,248 to IF for the Defendant (hereinafter “instant loan”). Moreover, the Plaintiff subrogated the amount of KRW 57,447,248 to the IF on September 20, 2012 for the Defendant, and the sum of the amount of subrogated payments to the IF on October 1, 2012, by paying the amount of KRW 654,00 on behalf of the Defendant, KRW 654,00 on October 1, 2012, KRW 790,00 on November 13, 2012, KRW 1,580,00 on December 10, 2012, and KRW 7,037 on January 9, 2013 to KRW 64,78,785,785, respectively.

E. Meanwhile, on November 16, 2017, the Plaintiff: (a) purchased from the Defendant the instant land and the Defendant’s 167 square meters in Jin-si, the wife population Jin-si; and (b) purchased the said land at KRW 244,00,000 in K river; (c) paid KRW 10,000 on the date of the contract, in lieu of the Plaintiff’s acceptance of the instant loan obligations; and (d) concluded a sales contract with the Defendant to pay the remainder of KRW 50,00,000 by December 16, 2017, the Plaintiff agreed that “this interest shall be borne by the seller (the Defendant) by November 16, and the buyer shall be borne by the Plaintiff thereafter.”

On December 18, 2017, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to the instant land, etc.

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