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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On April 21, 2009, the D Bank set 24,000,000 won as interest rate of 26.8% per annum and 39.8% per annum for delay damages.
B. On October 19, 2009, the Defendant leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from C from October 19, 2009 at KRW 70 million.
C. On March 20, 2014, C sold the instant real estate, which is the only real estate as of March 20, 2014, to the Defendant (i.e., payment of KRW 70 million at the time of a contract, and any balance of KRW 100 million at the time of a contract) (hereinafter “instant sales contract”); (ii) the terms of the instant sales contract include the following: “The deposit shall be the down payment”; and (iii) the terms of the instant sales contract include the following: “The deposit shall be the down payment; and (iv) the buyer shall succeed to the loan.”
After acquiring the above principal and interest claim on September 17, 2015, the Plaintiff filed a lawsuit against C with the Seoul Northern District Court 2016da118667, and rendered a judgment on August 18, 2016 that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 38.8% per annum for KRW 39,027,480 and KRW 23,929,971 from November 26, 2015 to the date of full payment,” and the said judgment was finalized on September 6, 2016.
E. On October 19, 2009, the date of the instant sales contract, the maximum debt amount of KRW 112,80,000, and the debtor C and the mortgagee F (hereinafter “F”), the registration of creation of a mortgage (hereinafter “the registration of creation of a mortgage”) was cancelled on November 8, 2018. After the instant sales contract, the maximum debt amount of KRW 24,000,000, the debtor and the mortgagee E were canceled on October 27, 2018, and the registration of creation of a mortgage was completed on November 7, 2018, with the maximum debt amount of KRW 110,00,000,000, the debtor as the debtor, and the debtor as the debtor, the registration of creation of a mortgage (hereinafter “the maximum debt amount of KRW 10,000,000,000, the debtor as the mortgagee, the debtor as the Defendant F, and the debtor as the maximum debt amount of KRW 10,013,0.9.