대여금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 131,726,738 and KRW 50,000,000 among them.
1. Facts below acknowledged facts are either in dispute between the parties or in full view of Gap evidence Nos. 1 through 8 (including paper numbers; hereinafter the same shall apply) (in the case of evidence Nos. 1 to 3, the defendant C has affixed a seal in blank, but there is no evidence to prove the above facts, and the defendant C has affixed a seal, so the authenticity of the document is presumed to have been established in accordance with Article 358 of the Civil Procedure Act) and witness D's testimony.
On June 29, 2009, the Plaintiff agreed with the Defendants to set the interest rate of KRW 50 million at 2.5% per annum (30% per annum) and to lend the amount of KRW 50 million to the Defendants pursuant to the agreement. In accordance with the agreement, the Plaintiff lent KRW 50 million to the Defendants.
(hereinafter “instant loan” or “instant loan”) b.
On June 29, 2009, pursuant to the above agreement, a certificate of borrowing (No. 1) with the content that the debtor is the defendants was drawn up.
In addition, the defendants signed and sealed the bill of promissory notes and promissory notes with a face value of 50 million won per day (Evidence A 3) in the issuer column of the same day.
In addition, the defendants signed and sealed receipts (Evidence A No. 2) to the effect that they received KRW 50 million.
C. On June 30, 2009, Defendant C, as a security for the instant loan obligation, had the Defendants registered the establishment of a mortgage over KRW 80 million with respect to the land outside the 1983m2 and six lots owned by Defendant C as the debtor, and the Plaintiff as the mortgagee, with respect to the land outside the 1983m2 (hereinafter “instant real estate”).
However, the Defendants did not pay interest on the instant loan, and on September 18, 2014, the Plaintiff filed an application for voluntary auction with the Suwon District Court FF for the instant real estate, and accordingly, the auction procedure for the instant real estate was commenced.
The Plaintiff’s principal and interest on the instant loan at the above auction procedure on September 9, 2015.