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1. The Defendant’s KRW 42,468,170 for the Plaintiff and KRW 5% per annum from November 25, 2015 to October 27, 2017.
Reasons
1. Facts of recognition;
A. At the time of November 16, 2012, the Plaintiff completed the registration of creation of a mortgage amounting to KRW 500 million with the maximum debt amount, in order to secure the Defendant’s debt owed to the non-party company, who carried out the wholesale business of livestock products in the name of “E” in the name of “E” (hereinafter “non-party company”) as to the previous 618 square meters in Gwangju-si, Gwangju-si and the D 201 square meters in Gwangju-si (hereinafter “instant real estate”).
B. From January 1, 2012 to January 31, 2013, the Defendant unpaid KRW 39,367,670 out of the price of goods supplied by the non-party company. Since the Defendant failed to repay the above price of goods to the non-party company, the non-party company filed an application for voluntary auction on the instant real estate based on the aforementioned right to collateral security. In the course of voluntary auction conducted with the Sungwon District Court Sungnam Branch Branch Branch Branch branch, the said court completed a distribution schedule with the non-party company in the order of 4th, the total sum of KRW 54,38,170 (the principal amount of KRW 39,367,670, 670, 500) to the non-party company in the order of 2,427,740 won to the non-party company in the order of 7th, respectively.
C. On December 31, 2014, the Plaintiff appeared on the date of the foregoing distribution, and raised an objection against the whole of the dividends to the non-party company. On December 31, 2014, the Plaintiff filed a lawsuit of demurrer against distribution with Sungwon District Court Branch 2014Kadan4072. The said lawsuit became final and conclusive on September 11, 2015, stating that the amount of dividends to the non-party company is KRW 42,468,170, and the amount of dividends to the Plaintiff is KRW 2,427,740, and the amount of dividends to the non-party company is KRW 14,297,740.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination on the cause of the claim
(a) If the mortgager for securing a debt of another person has discharged the debt, or has lost the ownership of the mortgaged object by the execution of a mortgage, he may exercise the right to indemnity against the principal obligor; and
(See Articles 370 and 341 of the Civil Act). The plaintiff written evidence No. 2-1.