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1. The Defendant shall pay KRW 21.8 million from the Plaintiff and KRW 20 million per annum from March 8, 2013 to the date of full payment.
Reasons
1. Basic facts
A. On July 3, 2012, the Plaintiff borrowed interest of KRW 30 million from the Defendant at 24% per annum (2% per month, and KRW 600,000 per month). On the same day, on the same day, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the real estate in the attached list owned by the Defendant as indicated in the attached list, the maximum debt amount was KRW 65 million, the debtor, the Plaintiff, and the mortgagee as the Defendant.
B. The Plaintiff paid the Defendant KRW 600,000,000 on August 4, 2012, KRW 600,000 on September 4, 2012, KRW 600,000 on October 4, 2012, and KRW 600,000 on November 8, 2012.
C. On February 26, 2013, the Plaintiff deposited KRW 10 million for the repayment of the instant loan. On March 28, 2013, the Defendant paid off the instant loan and appropriated KRW 10 million for the repayment of the principal out of the instant loan.
[Reasons for Recognition] Unsatisfy, Gap 1 and 6 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted 1) transferred to C the sum of KRW 6 million on July 17, 2012, KRW 24 million on August 8, 2012, KRW 280 million on August 10, 2012, KRW 20 million on August 27, 2012, and KRW 8 million on August 27, 2012, KRW 5.8 million on July 18, 2012, KRW 5.8 million on the loan of this case, and KRW 1 million on August 10, 2012, KRW 3 million on the loan of this case, and KRW 200,000 on the loan of this case, KRW 3 million on the loan of this case, which was deposited by the Plaintiff, to the Defendant on August 18, 2012, KRW 200,000 on the loan of this case).
3) Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the creation of the instant neighboring mortgage to the Plaintiff. (B) The amount transferred by C to the Defendant by C is a monetary transaction with the Defendant unrelated to the repayment of the instant loan.
2. The principal of the instant loan, which is the secured debt of the instant right to collateral security, is the principal.