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1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from April 13, 2013 to August 23, 2017.
Reasons
1. Facts of recognition;
A. On February 27, 2013, the Plaintiff entered into a sales contract with a non-party C farming association, under which the Plaintiff sells the land D, E, and its ground (hereinafter “F-dong real estate”) for KRW 4.2 billion (hereinafter “F-dong real estate sales contract”).
C In this case, from among the remainder of KRW 3.72 billion, C’s loan of KRW 2.5 billion to Fdong real property as collateral, and the remainder of KRW 1.72 billion is to be paid after F’s transfer of F’s real property, and as collateral therefor, the Plaintiff, as a collateral, set up a collateral on the land of KRW 14, such as Pyeongtaek-gun G Forest, Gyeonggi-do (hereinafter “G land”).
B. G land was originally owned by Nonparty H, and CF and I stock companies (the representative director: the Defendant) jointly purchased and develop G land, and entered into a sales contract with the said H on March 25, 2013 with the said H to purchase G land at KRW 2 billion.
C Co., Ltd. first promised to pay the purchase price as the sale price after receiving the goods such as rice, coffee, re-dried, edible milk, and Korean-style meat from the Plaintiff, if the Plaintiff’s right to collateral security of KRW 1.69 billion with respect to G land was created in the future.
Accordingly, on April 2, 2013, H completed the registration of creation of a neighboring mortgage, which is the plaintiff of the debtor CF, with respect to G land, the maximum debt amount of KRW 1.69 billion, the debtor CFF, and the right to collateral security.
In addition, on April 5, 2013, CF prepared a statement of performance that if CF would not pay the down payment of KRW 100 million with respect to G land by April 10, 2013, it would not raise any objection even after the termination of the said collateral security.
C. However, CF failed to pay KRW 100 million to the above H by April 10, 2013, and thereafter, the Plaintiff, the Defendant, and CF’s actual operator, J, and K, as the following: