대여금
1. The defendant shall pay 90,000,000 won to the plaintiff and 12% per annum from March 7, 2019 to the day of complete payment.
According to Gap evidence Nos. 1 through 4 (including additional numbers), the plaintiff is found to have completed the assignment notification and additional registration of claims after being transferred on April 30, 2018 with respect to the non-party C’s mortgage claim amounting to KRW 90 million with respect to the defendant. Thus, the defendant is liable to pay the plaintiff, the transferee of the right to collateral security, with the above KRW 90 million and damages for delay.
According to the statement in Eul evidence No. 1, the actual debtor D specified the debt amount of the plaintiff as KRW 145,20,000 (including interest until June 23, 2018, the repayment date, and subsequent changes) around June 23, 2017. However, there is no evidence to acknowledge that the principal of the claim was repaid above the purport of the claim.