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The defendant shall pay 121,002,060 won from the plaintiff and 116,50,000 won from the plaintiff to the day of full payment.
Reasons
1. Basic facts
A. On March 25, 2018, C entered into a contract (hereinafter “instant contract”) with the Defendant as shown in attached Form 2 with the content that he/she opened and leases the E-Ba located in Suwon-si (hereinafter “instant E-Ba”) to the Defendant.
B. In order to secure the Defendant’s contractual obligation under the instant contract, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage”) with respect to each real estate listed in the separate sheet No. 1, the Plaintiff owned by C, the mortgagee, the Defendant, and the maximum debt amount of KRW 180,000,000,000.
C. On April 25, 2018, the Defendant paid C the down payment of KRW 145 million. D.
C was unable to open the private house of this case.
E. C repaid to the Defendant the sum of KRW 28.5 million on September 12, 2018, KRW 13.5 million, KRW 15 million on January 15, 2019, and KRW 28.5 million on February 13, 2019.
F. On October 7, 2019, the Defendant filed an application for voluntary auction based on the instant right to collateral security, and accordingly, on October 7, 2019, the procedure of voluntary auction was initiated with the Suwon District Court F.
【Ground of recognition】 The fact that there has been no dispute, A2 through 7 (including virtual number), the purport of the whole pleadings
2. Determination - The scope of secured liabilities of the instant mortgage
A. 1) Principal and 145 million won (the above 1-C) remitted to C by the Defendant to C.
Only recognized (the amount indicated in the claim) (the payment in this case shall be deemed to have been rescinded explicitly in light of the fact that C paid part of the money to the Defendant since it did not open the instant letter and the fact that the Defendant executed the instant right to collateral security. The Defendant: (a) released KRW 150 million to C after deducting KRW 450 million as the interest; and (b) remitted KRW 145 million to C after deducting KRW 450 million as the interest; and (c) the remainder of KRW 500,000 to C after paying in cash. However, it exceeds the above recognition scope.