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1. Defendant B shall pay to the Plaintiff KRW 300,000,000 and the interest rate of KRW 15% per annum from March 8, 2016 to the date of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to Defendant B’s evidence Nos. 1 and 1-1 and 2, the Plaintiff completed the registration of establishment of a mortgage (hereinafter “instant mortgage”) with respect to Defendant D’s claim amounting to KRW 2 billion with respect to the maximum debt amount, KRW 2 billion with respect to F in the name of Defendant D, and KRW 300 million with respect to the registration of establishment of a mortgage (hereinafter “instant mortgage”). Defendant B, around February 15, 2016, shall first pay the Plaintiff KRW 30 million with the cancellation of the instant mortgage, and the remainder of the loan shall be repaid at the rate of KRW 7:3 with the amount of development profit. If such condition is not fulfilled, the Plaintiff would restore the instant mortgage to the original state.” Defendant B, who had the Plaintiff cancel the suspended execution on February 13, 2006 with the intention to obtain pecuniary advantage of the Plaintiff’s debt amounting to KRW 201,000,000.
According to the above facts of recognition, Defendant B is obligated to pay 300 million won borrowed funds and damages for delay calculated at the rate of 15% per annum from March 8, 2016 to the day of full payment, which is the day following the delivery of a copy of this complaint, as requested by the Plaintiff.
2. The Plaintiff asserts that Defendant D’s debt of KRW 300 million against the Plaintiff was jointly and severally guaranteed by Defendant B.
As seen earlier, the establishment registration of a mortgage on the F land in the name of Defendant D was completed with respect to the maximum debt amount of KRW 2 billion, the mortgagee of the right to collateral security, the Plaintiff, and the Defendant D, but the fact of the recognition alone alone is that Defendant D guaranteed Defendant B’s debt.