대여금
1. The defendant shall pay to the plaintiff the amount of KRW 84,672,803 and KRW 79,672,803 among them, from April 12, 2014 to the day of full payment.
1. The following facts do not conflict between the parties, or may be acknowledged in full view of the statements in Gap evidence 1 to 12, the witness Eul's testimony, and the whole purport of the pleading:
On March 12, 2010, the Plaintiff agreed to lend 0.7% interest rate of KRW 100 million to the Defendant and the Defendant’s mother D at 0.7% per month and interest rate of KRW 1.5% per month on July 23, 2010, and to pay interest rate of KRW 5 million per month on the outstanding loan amount of KRW 10 million on July 23, 2010. The Defendant’s signature and seal was substituted by the Defendant’s mother D.
B. On July 7, 2010, in order to secure the above loan obligation, the Defendant: (a) completed the establishment registration of a collateral of KRW 100 million for 1/10 of the maximum debt amount to the Plaintiff with respect to the portion of 1/10 of the land and buildings in Gwangjin-gu Seoul Special Metropolitan City E, Seoul Special Metropolitan City; (b) at the time, the Defendant appeared directly with the Plaintiff and D, together with the employees C of the said certified judicial scrivener’s office; and (c) did not raise any special objection, and (d) drafted a written collateral security agreement (Evidence A) as the “debtor of the said secured debt” without
C. On January 10, 201, the Defendant also filed a registration of the right to claim a transfer of shares with respect to the Gangwon-gun G and H land portion owned by the Defendant on January 10, 201.
After that, the Defendant and D did not pay the Plaintiff the principal and interest of the loan, which transferred only a sum of seven million won from March 30, 2010 to November 12, 2012, to the Plaintiff. On May 7, 2013, the Plaintiff applied for an auction on real estate upon the registration of the establishment of a neighboring mortgage and received dividends of KRW 57,959,908 as the mortgagee on April 11, 2014.
On the other hand, the above seven million won was appropriated for the agreed interest rate of ten months from March 13, 2010 to January 12, 2011 (10 million won x 0.7% x 10 months) with respect to the debt of 100 million won borrowed on March 12, 2010.
2. The parties' assertion and judgment
A. According to the above facts of recognition, the Plaintiff’s dividends on April 11, 2014 57.