대여금
1. The defendant shall pay 300,000,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Facts of recognition;
A. On July 29, 2013, the Defendant created a right to collateral security (hereinafter “instant real estate”) with a maximum debt amount of KRW 3.96 million against the Plaintiff (hereinafter “instant real estate”) in relation to land B, Gangnam-gu, Seoul, and one parcel C, No. 5104 (hereinafter “instant real estate”), in order to secure the Plaintiff’s all debts owed to the Plaintiff in the present and the future due to the transaction of general loan loans.
B. On December 4, 2014, the Plaintiff: (a) deposited the Defendant with a general loan of KRW 3,257,163,218 as a repayment method; (b) deposited the principal and interest by November 25, 2019; (c) 5.5% per annum until the expiration of the lending period; and (d) 3.36% per annum; and (e) deposited the loan at the highest rate of 25% per annum (hereinafter “instant loan”).
C. In addition, on May 27, 2015, the Defendant created the right to collateral security with the maximum debt amount of KRW 2.88 billion against the Plaintiff regarding Article 902 of the Da-dong C. D.
The Defendant delayed the repayment of principal and interest of the instant loan and lost the benefit of time on October 25, 2016.
E. Accordingly, on December 1, 2016, the Plaintiff received a voluntary decision to commence the auction on the instant real estate and the instant real estate C-dong C-dong C-dong C-dong 902. On December 23, 2016, the Plaintiff transferred the right to collateral security regarding C-dong C-dong C-dong 902 to Jungsung Loans Co., Ltd. on December 23, 2016, which was in progress. The said C-dong 902 was sold on July 24, 2017, and the instant real estate was sold on September 26, 2017, respectively.
F. The Plaintiff received the distribution of KRW 3,312,391,058 out of the maximum debt amount of the right to collateral security regarding the instant real estate during the said voluntary auction procedure (the remaining debt amount after distribution), and the claim against the Defendant arising from the instant loan remains in KRW 797,932,098 as of November 10, 2017.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 1-1, 2-2 and the purport of the whole pleadings
2. Determination:
A. The above facts of recognition.