대여금
1. Defendant B shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from July 30, 2016 to the date of full payment.
1. Basic facts
A. On September 3, 2014, when Defendant B borrowed KRW 35 million from Defendant D, the Plaintiff offered D as security the first floor of the building E-gu Seoul Special Metropolitan City E-gu, Seoul Special Metropolitan City, the first floor or the 111 through 122 (hereinafter “instant real estate”) and completed the registration of creation of a neighboring mortgage of KRW 60 million with the obligor B and the maximum debt amount.
B. When Defendant B delayed the return of the principal and interest of the loan to Defendant D, D applied for a voluntary auction on the instant real estate with the claim amounting to KRW 60 million on July 20, 2015, and accordingly, the voluntary auction procedure for the instant real estate was conducted with the Jeonju District CourtF.
C. Accordingly, the Plaintiff repaid D KRW 60 million to D by the following methods, and D voluntarily withdrawn the said application on May 30, 2016.
In other words, on March 24, 2016, 5 million won was paid to D, and on May 16, 2016, G sold the instant real estate to G, which deducted the remainder of 55 million won from the purchase price and had G pay to D.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 13, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts as to the cause of the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff KRW 60,000,000 on behalf of the Plaintiff and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 30, 2016 to the date of full payment. In relation to the Plaintiff’s assertion, Defendant B paid to the Plaintiff KRW 4,43 million on 16 occasions from May 23, 2013 to August 19, 2015.
However, the above amount claimed by Defendant B is paid prior to the occurrence of the amount of indemnity claimed by the Plaintiff (as of March 24, 2016, KRW 50 million, and KRW 55 million after May 16, 2016), and thus, is discharged.