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1. As to KRW 16,191,459 and KRW 13,952,106 among the Plaintiff, Defendant A shall be the year from February 20, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On May 11, 2012, Hyundai Savings Bank Co., Ltd. loaned KRW 15,000,000 to Defendant A at interest rate of KRW 37.8% per annum and at interest rate of arrears rate of KRW 39% per annum. On November 9, 2015, it transferred the above loan claim to the Plaintiff and notified the Defendant of the transfer at that time.
In February 19, 2016, there remain 13,952,106 won and overdue interest rate of 2,239,353 won.
B. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was owned by C. Since C died on November 23, 2014, C succeeded to the inheritance of Defendant B, son, E, F, G, and Defendant A, who was denied. The Defendants and their children owned the instant real estate solely by Defendant B on November 23, 2014 (hereinafter “instant agreement division”). On February 23, 2015, the ownership transfer registration was completed in Defendant B on the ground of inheritance due to the said agreement division.
C. Defendant A did not have any property other than 2/13 shares out of the instant real estate inherited from C at the time of the instant consultation division.
Meanwhile, on the other hand, the registration of creation of a neighboring mortgage (the National Bank of Korea, the maximum debt amount of 120,000,000 won, Co., Ltd.) completed with respect to the instant real estate at the time of the instant consultation division was cancelled on August 5, 2015. On August 8, 2016, the market price of the instant real estate was KRW 321,000,000, and the Plaintiff’s claim remains 13,952,106, overdue interest rate of KRW 5,757,577 as of October 12, 2016, including the principal amount of KRW 13,952,106, overdue interest rate of KRW 5,757,577.
[Evidence Evidence] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings
2. Determination
A. According to the above facts, Defendant A’s total amount of KRW 16,191,459 (i.e., principal amount of KRW 13,952,106 interest rate of KRW 2,239,353) and the principal amount of KRW 13,952,106, which is the day following the above calculation of interest rate, shall be from February 20, 2016 to the day of full payment.