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(영문) 서울중앙지방법원 2014.05.30 2013가단169344
손해배상(기)
Text

1. The Defendant: (a) KRW 3 million to Plaintiff A and 5% per annum from May 13, 2013 to May 30, 2014; and (b) the Defendant.

Reasons

1. Facts of recognition;

A. A. On June 2003, the dispute between the Plaintiff A and the Defendant (1) purchased the purchase price of KRW 1.30 million from the Gangnam-gu Seoul Gangnam-gu GHastice No. 600 (hereinafter “the apartment of this case”) among the apartments constructed and sold by the Plaintiff F Co., Ltd. (Substantial representative Plaintiff E) by the Plaintiff A and the Defendant. From June 2003 to January 14, 2004, the Plaintiff paid KRW 130 million out of the purchase price. At the same time, the registration of ownership preservation in D’s name was completed on February 24, 2004, at the same time, the creditor new bank, the maximum debt amount of KRW 78 million, the debtor’s loan of KRW 680 million from the new bank of Korea, and paid as part of the purchase price with the loan of KRW 680 million from the new bank of Korea.

(2) From April 2004, E cancelled a sales contract between Plaintiff A and D and returned KRW 137 million out of the sales amount. The Defendant purchased the apartment house of this case from E around April 2005 and paid KRW 520 million in total from April 21, 2005 to February 5, 2008. The remainder of the sales amount is the Plaintiff’s acquisition of the Plaintiff’s obligations to the new bank, and paid the interest of this case from June 2006 to March 3, 2009.

(3) However, E borrowed KRW 50 million from Nonparty H on October 31, 2005, and KRW 18.5 billion on November 18, 2005, at 1.5% per month after each due date for payment three months, and at 1.5% per interest. With D’s consent, E completed the registration of creation of the first mortgage with respect to the apartment of this case, the maximum debt amount was KRW 750,000,000,000, the debtor D, and the mortgagee of the right to collateral security. Since then, the Plaintiff completed the registration of relocation with respect to H’s 1-mortgage on May 25, 2012.

(4) As the Defendant did not pay interest on the instant loan after March 2009, Plaintiff A paid from March 2009 the interest on the instant apartment in lieu of interest, the instant apartment in order to secure the relevant claim.

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