A. On November 25, 2016, the Plaintiff entered into a loan transaction agreement with the Defendant on the condition that the basic terms and conditions of credit transaction with D Cooperatives apply, and paid KRW 1.68 billion to the Defendant the above loan amounting to KRW 1.68 billion on November 28, 2019; the interest rate of KRW 4.8% (change) on November 28, 2019; and the delay rate of up to 22% per annum within 30 days in arrears; the annual interest rate of KRW 8% per annum; the amount exceeding 9% per annum within 30 days in arrears; and the amount exceeding 90 days in arrears; and the amount exceeding 90 days in arrears.

B. From January 28, 2018, the Defendant lost the interest on the loan due to the delay in payment of the interest on the loan. Accordingly, the Plaintiff, as a mortgagee, filed an application for voluntary auction on the land (hereinafter “instant land”) with the Jung-gu District Court Goyang Branch E around May 2018, which was owned by the Defendant, including the F. 532 square meters, as the right to collateral security (hereinafter “instant land”).

In the above auction procedure on February 12, 2019, G sold the instant land at KRW 1.15 billion. Before the sale price was paid, G purchased the instant land from the Defendant more than the above sale price, but if it pays the purchase price to the Plaintiff, it was agreed to cancel the registration of creation of a neighboring mortgage.

Accordingly, G subrogated 1.1 billion won out of the Defendant’s principal and interest of 1.65 million won on May 16, 2019. The Plaintiff around that time cancelled the registration of creation of a neighboring mortgage on the instant land and withdrawn the application for voluntary auction.

E. As of June 12, 2019, the sum of the principal and interest of the loan unpaid under the instant loan transaction agreement as of June 12, 2019 is KRW 734,918,362 (i.e., the principal of the loan at KRW 55,620,000,000 or damages for delay, KRW 178,298,362). 8.132% per annum.

[인정근거] 갑 제1 내지 5호증의 각 기재, 변론 전체의 �

2. The assertion and judgment

A. According to the above facts, the defendant, barring special circumstances, shall pay to the plaintiff the principal and interest of interest of 734,918,362 won and delay damages.