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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
Basic Facts
The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and therefore cites it as it is by the main text of Article 420 of the Civil Procedure Act.
Judgment
As seen earlier, the Defendant agreed to take over the secured obligation of the Plaintiff’s bank (hereinafter “instant secured obligation”) after completing the registration of transfer of ownership of each of the instant real estate in the instant contract, the agreement is naturally included in the agreement that the Defendant shall pay the interest accrued from the secured obligation of the instant secured obligation from the date the Defendant’s obligation to take over the secured obligation of the instant secured obligation to the date the obligation to take over the secured obligation of the instant secured obligation arises to the date the obligation to take over the secured obligation of the instant secured obligation, and thus, the Defendant is obligated to pay the interest of the secured obligation
However, from December 14, 2009, the date of the Defendant’s registration of ownership transfer of each of the instant real estate to March 12, 2014, the Plaintiff sought from December 14, 2014, the remainder of KRW 15,624,00, out of the total interest accrued from the secured debt of the instant right to collateral security (i.e., KRW 28,374,000 - KRW 28,374,000 - KRW 12,750,00 paid as the rent acquired from each of the instant real estate) was paid by the Plaintiff, not the Defendant. Accordingly, the Defendant is obligated to pay the Plaintiff the above KRW 15,624,00 and delay damages therefrom.
In the instant contract of capital gains tax, the Defendant agreed to pay the capital gains tax imposed on the Plaintiff on behalf of the Plaintiff upon the transfer of each of the instant real property, and the Defendant’s failure to pay capital gains tax of KRW 9,574,710 and was recognized as above. Therefore, the Defendant is liable to pay the Plaintiff the said capital gains tax of KRW 9,547,710 and the delay damages therefrom.
The Plaintiff of the secured obligation of the instant mortgage is subject to the instant contract.