대여금
1. The Defendant shall pay to the Plaintiff KRW 29,291,627 and the interest rate of KRW 24% per annum from May 16, 2013 to the date of complete payment.
1. The Defendant’s wife as the Defendant’s wife of the basic facts: (a) the Plaintiff had the obligation to pay, loan, etc., which was not paid, even after receiving the fraternity money in relation to the number fraternity, etc.; (b) the Plaintiff was provided with a security against the loan of KRW 30 million, which is a part of the Plaintiff.
Therefore, around December 29, 2009, the Plaintiff, along with C, delegated the application for the registration of the right to collateral security with respect to the real estate owned by C (D apartment 201) owned by C to the certified judicial scrivener office in Leecheon-cheon, and delivered the Defendant’s seal impression, personal seal impression, resident registration copy, and registration certificate to the certified judicial scrivener.
Therefore, in order to confirm the intention of delegation by the defendant, a certified judicial scrivener directly sent phone calls to the defendant to determine whether the defendant's wife agrees to establish a right to collateral security on the real estate owned by the defendant, and whether the defendant agrees to prepare a certificate of loan under the name of the defendant.
A certified judicial scrivener completed the instant loan certificate (the loan certificate of December 29, 2009 is KRW 30,000,000,000,000,000 on January 29, 201), and filed an application for the establishment registration of a neighboring mortgage on the instant real estate, and the establishment registration of a neighboring mortgage was completed on December 30, 2009 (the establishment registration of a neighboring mortgage with the maximum debt amount of KRW 30,00,000,000,000,000).
On the other hand, between the Plaintiff and C on August 19, 2010, a notarial deed of a monetary loan agreement for consumption was drawn up between the Plaintiff and C, and C also delivered to the Plaintiff a certificate of borrowing KRW 233,500,000 on March 23, 2010.
The Plaintiff, based on the instant right to collateral security, filed an application for voluntary auction for the instant real estate (Gwanju District Court Branch Branch Branch Branch E), and subsequently, received dividends of KRW 25,030,564 on May 15, 2013 from the auction procedure and appropriated the dividends in advance for the interest amounting to KRW 24,322,191, and appropriated the portion for the principal. The remainder of KRW 29,291,627 on the principal amount was not repaid yet.
[Reasons for Recognition]