대여금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 59,00,000 and the interest rate thereon from July 1, 2013 to the day of full payment.
1. Facts of recognition;
A. On September 201, Defendant B entered into an agreement with E, the owner of D large 215.1 square meters (hereinafter “instant land”) in Yangsan-si, Yangsan-si, with which Defendant B provided the said land at his own expense and newly constructed a four-story building in December 201 and provided only four-story housing units with no loans.
However, the name of the owner was jointly carried out with Defendant C, a female student of Defendant B.
B. As to the instant land, the registration of creation of a mortgage, which is a mortgagee, was completed on January 17, 201, with the maximum debt amount of KRW 130 million, and the registration of creation of a mortgage, which is a mortgagee of the right to collateral security, was revoked on October 10, 201. On October 10, 201, the registration of establishment of a mortgage (hereinafter “registration of the instant agricultural cooperative mortgage”) was completed on October 10, 201, and the registration of establishment of a mortgage, which is a mortgagee of the right to collateral security, was completed.
Defendant B agreed with Defendant B to bear the interest and expenses on the portion exceeding KRW 100,000 from the time of the occurrence of loans from the Namsan Agricultural Cooperative. From January 1, 2012, Defendant B agreed to bear all the principal and interest on the loans.
C. On the ground of the instant land, the Plaintiff decided to purchase the first floor of the building when the construction of the building is in progress, and paid 75 million won to E.
around May 2012, Defendant B completed the 4th class neighborhood living facilities and the 1/4th class house (household) building on the instant land (hereinafter “instant building”). On May 14, 2012, Defendant B completed the registration of preservation of ownership, one-fourth of co-owners’ shares, one-half of Defendant C2, and one-fourth of E4.
E. As to the construction cost of the instant building, Defendant B obtained additional loans as security for the instant land and buildings.
Accordingly, with the consent of the Plaintiff and E, the co-owner of the instant building, Defendant C borrowed KRW 220 million from the Soyang Savings Cooperatives on May 29, 2012, and Defendant C borrowed KRW 286,00,000 from the Soyang Savings Cooperatives, the maximum debt amount shall be KRW 286,00,000.