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1. The Defendant paid KRW 36,169,258 to the Plaintiff, as well as KRW 5% per annum from July 31, 2012 to November 23, 2017.
Reasons
1. Facts of recognition;
A. On September 7, 2011, the Plaintiff leased (hereinafter “instant lease”) Nos. 104, 1901, 1901 (hereinafter “instant real property”) from the Defendant for KRW 100 million in the deposit amount, and paid deposit KRW 100 million to the Defendant, and completed the registration of the establishment of chonsegwon with the deposit amount of KRW 100 million in the instant real property.
B. As to the instant real estate, the auction procedure was conducted based on the right to collateral security (the maximum amount of claim KRW 342 million, the principal of loan KRW 285 million) of the Nonghyup Bank Co., Ltd. (hereinafter “CF”) established prior to the conclusion of the instant lease agreement and the registration of the establishment of a right to lease on a deposit basis.
C. When it is anticipated that the Plaintiff could not recover the deposit through the above voluntary auction procedure, the Plaintiff suspended the auction procedure and consulted with the Defendant in order to recover the deposit through sales and purchase.
On July 25, 2012, the Plaintiff: (a) delegated the right to sell the instant real estate by the Defendant; and (b) concluded a sales contract with D on behalf of the Defendant with the terms that the Defendant sold D the instant real estate at KRW 360 million, and on July 30, 2012, on behalf of the Defendant, the date of delivery.
(hereinafter “instant sales contract”). In the instant sales contract, the Plaintiff decided to cancel the registration of voluntary decision on commencement of auction on behalf of the Defendant by fully paying the unpaid loan interest, etc. on behalf of the Defendant, and cancel the registration of creation of chonsegwon on a deposit basis of KRW 100 million, and the purchase price of KRW 360 million is KRW 285 million, and D would pay KRW 200,000,000 to the Plaintiff for the principal of the secured loan by collateral security, and pay KRW 75 million,00,000,000,000 to the Plaintiff.
E. On July 26, 2012, the Plaintiff subrogated to the Nonghyup Bank for KRW 11,169,258 in total the Defendant’s interest on loans and various costs, and cancelled the registration of decision on voluntary auction on the instant real estate.