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1. The defendant shall pay 479,822,621 won to the plaintiff and 450,000 won among them to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Defendant borrowed KRW 250 million from the Plaintiff and C in 2004, respectively. On April 18, 2006, the Defendant completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 250 million as the receipt of the registry office for the branch court of Sung-nam branch, Sungwon District Court regarding the Plaintiff Nos. 110 of the D 1st floor (hereinafter “instant real property”).
B. The Plaintiff and C filed a lawsuit against the Defendant for the return of loans (Seoul Central District Court 2006Gahap66482), and on December 15, 2006, the judgment that “the Defendant shall pay to the Plaintiff and C 90 million won and the amount calculated at the rate of 20% per annum from August 11, 2006 to the date of full payment” (hereinafter “pre-payment judgment”), which became final and conclusive on January 10, 207.
C. Meanwhile, upon the Plaintiff’s application, the voluntary auction of the instant real estate commenced on August 4, 2006. On June 29, 2007, KRW 56,725,324 was distributed to the Plaintiff on June 29, 2007, and the Plaintiff received KRW 56,725,324 on July 27, 2007.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. In accordance with the preceding judgment, the above facts are acknowledged that the Plaintiff has a claim of KRW 450 million and a claim calculated at the rate of KRW 20% per annum from August 11, 2006 to the date of full payment (hereinafter “judgment bond”) against the Defendant in accordance with the preceding judgment. As can be seen, KRW 56,725,324, which the Plaintiff received on July 27, 2007 at the auction procedure for the real estate of this case, shall be appropriated for the claim for the judgment bond of this case.
As of July 27, 2007, the amount of the judgment in this case remains the principal amount of KRW 450,00,000, delay damages of KRW 86,547,945 (i.e., KRW 450,00,000 x 20% x 351/365), total of KRW 536,547,945 (i.e., KRW 56,725,324). The above KRW 56,725,325,324 is appropriated for damages for delay damages of KRW 86,547,945 (i.e., principal amount of KRW 450,00,000, damages for delay damages of KRW 29,822,621 (=86,547,945).
Therefore, the Defendant’s KRW 479,82,621 = Principal KRW 450,00,000.