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1. The sales contract concluded on August 24, 2015 between the Defendant and B is KRW 87,526,002.
Reasons
1. Facts of recognition;
A. On June 25, 2013, the Plaintiff entered into a loan agreement with C on June 25, 2013 (hereinafter “C”) that provides that the Plaintiff shall pay 200,000,000 won of business conversion funds at the interest rate of 4.43% per annum and that the principal shall be repaid at the redemption date every one year for two years after one year grace period, and the interest shall be paid on the redemption date each month, but if the interest is not paid on the said date, the Plaintiff shall pay damages for delay at the rate of 12% per annum as to the amount to be paid (hereinafter “loan obligation under the above loan agreement”) and lent the above amount to C. The Plaintiff, the representative director of C, was jointly and severally guaranteed the repayment obligation under the above loan agreement within the limit of 240,00,000 won on the same day.
B. On August 24, 2015, the real estate sales contract and the ownership transfer registration B determined the purchase price as KRW 500,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated in the separate sheet (hereinafter “instant real estate”), and the down payment of KRW 50,000,000 on the date of the contract, and the remainder of KRW 450,000 on the date of the contract, and completed the registration of ownership transfer under the Defendant’s name on October 19, 2015.
C. From August 27, 2015, C and B did not repay the debt of the instant loan from August 27, 2015, and thus, the Plaintiff lost the benefit of time due to the obligor’s failure to repay the debt.
Accordingly, as of June 9, 2017, the sum of the principal and interest of the instant loans owed to the Plaintiff by B as of June 9, 2017 is KRW 87,526,002.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion B has reduced liability property by selling the instant real estate, the only property of which is his own property under excess of liability, to the Defendant, and thus, B and the Defendant.