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1. The Defendants jointly and severally pay to the Plaintiff KRW 345,476,886.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
1. Facts of recognition;
A. On June 7, 2012, the Plaintiff loaned KRW 1,100,00,000 to Defendant A Co., Ltd. (hereinafter “Defendant A”) at interest rate of 8% per annum (for every 12 months, taking into account the credit rating, the value decline, etc. of the collateral), 17% per annum per annum within 30 days in arrears, 18% per annum within 30 days in arrears, 19% per annum for more than 30 days in arrears, 19% per annum for more than 90 days in arrears, 19% per annum for more than 90 days in arrears, and 19% per annum for more than 90 days in arrears, and as of June 7, 2015 (hereinafter “instant loan agreement”), Defendant B, and C jointly and severally guaranteed the above loan obligation against
B. On June 2012, Defendant A entered into a security trust agreement on D forest land 5,679 square meters, E-road 489 square meters, F forest land 243 square meters, G road 11 square meters, H 8,413 square meters, accommodation facilities on the ground, I forest 23 square meters (hereinafter “instant secured real estate”), and designated the Plaintiff and the relevant passenger credit union, Simpo credit union, Jindong Credit Union, and Ulsan Central Credit Union as the priority beneficiary.
C. On February 8, 2013, Defendant A lost the benefit of time due to his/her failure to perform his/her duty to pay interest to the Plaintiff. On July 8, 2014, the K non-real estate trust company sold the instant secured real estate in the public sale procedure in KRW 6,693,00,000 in accordance with the security trust agreement with Defendant A. On December 23, 2014, the Plaintiff was distributed KRW 1,118,163,121 during the public sale procedure as one of the priority beneficiaries of the said secured trust agreement.
On December 23, 2014, the Plaintiff appropriated KRW 1,118,163,121 and KRW 1,120,140,765 as the aggregate of KRW 1,177,64 of the deposit claims against the Plaintiff and KRW 1,140,765 of the Defendant A’s deposit claims against the Plaintiff during the above public sale procedure, and KRW 1,100,000,000 among the loan principal and interest obligations under the loan agreement of this case, and the interest and ordinary loan income due to the short of the daily interest amount, as the aggregate of KRW 20,140,765 among the loan principal and interest obligations under the loan agreement of this case, and KRW 345,476.