대여금
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. Basic facts: (a) around December 29, 2009, the Defendant drafted an agreement on the borrowed money and a receipt, respectively, to the effect that the Defendant received the said money on the same day while borrowing KRW 30 million at the interest rate of 2% per month and on December 29, 2010.
(2) On December 30, 2009, the Defendant created a collateral security (hereinafter “instant real estate”) of KRW 45 million with respect to the amount of 200 square meters and E, and 636 square meters with respect to the amount of 5 million (hereinafter “instant real estate”).
(3) On February 19, 2013, the Plaintiff completed the registration of transfer of the instant right to collateral security by reason of transfer of contract from C.
On March 14, 2014, the Plaintiff applied for a voluntary auction of real estate in this case (Cheongju District Court AssistanceF) and received dividends of KRW 33,533,206 on September 16, 2014.
【Ground for Recognition: Facts without dispute, Gap 1 through 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul 1 and 7, and the purport of the whole pleadings
2. Summary of the parties' arguments
A. (i) On December 29, 2009, the Plaintiff, upon introduction by C on December 29, 2009, lent KRW 30 million to the Defendant 2.5% of interest per month and due date on December 29, 2010.
As of September 16, 2014, which is a dividend date in the auction procedure for the instant real estate, the Plaintiff’s claim amounting to KRW 30,000,000 with respect to the principal amount and KRW 30,000 per annum (2.5% per annum from December 29, 2009 to September 16, 2014, shall be the agreed interest and delay damages amounting to KRW 42,460,273 per annum (2.5% per annum).
Dividend KRW 33,533,206 is first appropriated for the repayment of the agreed interest and delay damages, and the remaining interest and delay damages are KRW 8,927,067 (=42,460,273 - 33,533,206).
As to the Plaintiff’s principal amounting to KRW 30,00,000 and KRW 38,927,067,067 (= KRW 30,00,000,000) and KRW 30,000,000,000 from September 17, 2014, the following day of the dividend day to the day of full payment.