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1. Defendant B’s KRW 190,665,939 as well as 5% per annum from April 5, 2013 to December 13, 2013 to the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant B and Defendant C are married, and Defendant D is an employee of Company E operated by Defendant C.
B. On July 27, 2007, the Plaintiff, an agent of Defendant D and Changwon-si, sold the land and the building on two lots (hereinafter “instant real estate”), which are 185.1m2,00,000,000 won for KRW 456,000,000,000,000,000 for the contract, and the remainder of KRW 414,000,000,000,000,000,000 won for the instant real estate, was paid on August 16, 2007, and the remainder of KRW 41,40,00,000,000,000 for the National Agricultural Cooperative Federation loans (hereinafter “instant collateral obligation”) established by Defendant B with respect to the instant real estate, to acquire KRW 14,00,000,000 for the repayment of the deposit (hereinafter “the instant contract”). Defendant D received the down payment on the same day.
C. Defendant B did not succeed to the instant collateral obligation even after the remainder date of the instant sales contract ( August 16, 2007), and did not pay the Plaintiff the remainder KRW 40 million.
On September 6, 2007, upon the request of the Defendants, the Plaintiff completed the registration of establishment of a collateral security holder Dongyang Telecom Co., Ltd., the debtor, E, and the maximum debt amount of KRW 1.7 billion with respect to the instant real estate. At that time, Defendant C wired the remainder of KRW 40 million under the instant sales contract to the Plaintiff’s account.
E. After all, Defendant B did not accept the instant collateral security obligation. Accordingly, when the Plaintiff repaid part of the principal and interest of the instant collateral security obligation to the National Agricultural Cooperative Federation, but did not delay this, the National Agricultural Cooperative Federation filed an application for voluntary auction on the instant real estate, and the National Agricultural Cooperative Federation (Seoul District Court G) applied for an auction on the instant real estate in the real estate auction case (the principal amount of KRW 300,115,452).