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1. The defendant shall pay 30 million won to the plaintiff and 15% per annum from September 11, 2013 to the day of complete payment.
Reasons
1. Determination on the defense prior to the merits
A. As to the Plaintiff’s claim for the instant loan, the Defendant acknowledged the existence of the loan loan claim of this case while establishing a collateral security right with the maximum debt amount of 39 million won with respect to the Seongbuk-gu Seoul Metropolitan Government 197.7m2, the market price of which much exceeds the loan principal and interest, in order to secure the Plaintiff’s loan claim, and the Plaintiff was able to collect the loan claim of this case through a voluntary auction based on the above collateral security, but filed a lawsuit of this case on the instant loan claim with the provisional attachment order for each land owned by the Defendant and E. The lawsuit of this case was brought to the purport that there is no legal interest in the lawsuit, but the lawsuit of this case brought to receive the title of the debt related to the instant loan claim cannot be deemed to have no interest in the lawsuit of this case, and the above argument by the Defendant is not reasonable.
B. In addition, since the Plaintiff agreed to withdraw the instant lawsuit from the Defendant around June 13, 2016, the Defendant asserted to the effect that the instant lawsuit is unlawful on the grounds that there is no benefit in the protection of rights. However, it is insufficient to recognize that there exists an agreement between the Defendant on the sole basis of the entries in subparagraphs 1 through 4 of the evidence No. 5, and there is no other evidence to acknowledge this differently.
2. The Plaintiff is obligated to pay to the Defendant the amount of KRW 20 million on May 21, 2013, KRW 10 million on August 10, 2013, KRW 30 million on the interest rate of KRW 2.5% on the loan, and KRW 30 million on the loan date after six months from the date of the maturity of the repayment period, to the Defendant, with interest rate of KRW 2.5% on the loan, or with the overall purport of the pleadings stated in subparagraphs A and 3. As such, the Defendant is obliged to pay to the Plaintiff the amount of KRW 30 million and the amount of KRW 15% on a yearly basis, as sought by the Plaintiff, from September 11, 2013 to the date of full payment.
3. citing the Plaintiff’s claim for conclusion