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1. The Defendant’s KRW 39,282,50 as well as the Plaintiff’s annual rate of KRW 5% from February 18, 2012 to January 21, 2016, and the following.
Reasons
1. Basic facts
A. On September 3, 2003, the instant land owned by the Defendant, and there was a right to collateral security (hereinafter referred to as the “mortgage”) established on September 3, 2003, which was the 182,000,000 won with respect to the instant land, as well as the debtor, the defendant, and the mortgagee of the Jeju High Credit Cooperative (hereinafter referred to as the “instant right to collateral security”).
B. On October 16, 2003, the Defendant entered into a contract (hereinafter “instant contract”) with D to sell shares of 298.6/3,583 out of the instant land (hereinafter “instant shares”). The method of payment of the purchase price was to pay KRW 35,835,00,00 as the purchaser, and KRW 130,83,3333,333 of the secured obligation based on the instant right to collateral security (hereinafter “instant right to collateral security”), and to pay interest of KRW 10,83,333 until the transfer registration of ownership in D’s name.
C. D shall pay the purchase price of KRW 35,835,00 on the date of the instant contract, and shall pay KRW 2,447,500,00,00 from December 5, 2003 to July 27, 2006, after the date of the instant contract.
After that, the interest was in arrears, and the 1,000,000 won was additionally paid on June 19, 2008.
Accordingly, the Defendant urged the payment of overdue interest along with the acceptance of KRW 10,833,33 of the secured debt based on the instant collateral security right over several occasions, but notified D of the purport that D would not comply with it, and that the said notification would have been cancelled on February 17, 2012.
E. Meanwhile, on August 1, 2008, D concluded a sales contract between the Plaintiff and the Plaintiff to sell the instant shares in KRW 45,850,000 among the instant land. As such, upon the cancellation of the instant contract, D transferred to the Plaintiff the claim for refund of the purchase price pursuant to the restitution of the instant contract, around October 2014, during the instant lawsuit, and the Plaintiff received delegation from D, and the Defendant on the 24th of the same month.