대여금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 33,637,418 and the interest rate thereon from July 19, 2016 to the date of full payment.
1. Facts of recognition;
A. On August 14, 2009, Nonparty D lent KRW 100,000,00 to Defendant C, and Defendant C’s wife jointly and severally guaranteed the above loan obligation against Defendant C.
(hereinafter “instant loan claim”). B.
In addition, Defendant B agreed to set up a right to collateral security against D with respect to “Nos. 305 of Yeonsu-gu E 4 Dong-dong 305 (hereinafter “instant real property”) owned on August 20, 2009, and agreed to set up a right to collateral security against D regarding the instant real property on August 21, 2009, the establishment registration of the right to collateral security of KRW 100,000,000 for the instant real property was completed against D.
C. On March 17, 2015, D transferred 1/2 of the instant loans to Defendant and Nonparty F, respectively, and notified the Defendants of the assignment of claims by sending content-certified mail on March 26, 2015.
D on March 23, 2015, on the instant real estate B
It transferred the right to collateral security to the defendant and F.
E. Since then, the Incheon District Court G in relation to the instant real estate was proceeding with the auction procedure for real estate. In the foregoing procedure, the Plaintiff was apportioned KRW 16,362,582 on June 23, 2015.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings
2. According to the facts of the above recognition, Defendant C and Defendant B, a joint guarantor, jointly and severally, jointly and severally, acquired 1/2 of the instant loan claims from Defendant D, and KRW 50,000,00 among the instant loan claims (i.e., KRW 100,000,000 x 1/2) minus the Plaintiff’s dividends of KRW 16,362,582 in the auction procedure of real estate rent x 1/2) and the remainder of KRW 33,637,418 (i.e., KRW 50,00,000 - KRW 16,362,582) from among the instant lawsuit, following the Plaintiff’s claim for the instant loan against the Defendants (no assertion regarding the period of repayment of the instant loan claims). < Amended by Presidential Decree No. 27342, Jul. 19, 2016>