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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from October 8, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. C completed the registration of ownership transfer on July 28, 2009 with respect to the factory site D 3268 square meters in Ulsan-gun, Ulsan-gun, and completed the registration of ownership transfer on December 24, 2009, with respect to the two-story factories of the 1 Dong-dong 1 Winter 2 Dong-dong 2 Dong-dong 2 Dong-dong 2 Dong-dong 2 Dong-dong 2 Dong-dong 2 Dong 2-dong 2-dong 2-dong 2-dong 2-dong 2 (hereinafter referred to as the “instant real estate”).
B. On December 24, 2009, C filed for registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with the Plaintiff on May 14, 2010, the maximum debt amount of KRW 450,000,000 with respect to the instant real estate, and the debtor C and the Plaintiff as the mortgagee was cancelled on May 14, 2010. On May 11, 2010, C completed the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a neighboring mortgage of this case”).
C. C performed a business with the trade name “E” on January 26, 201, and entered into a contract for the transfer and acquisition of a business that the Defendant comprehensively transferred to F with F (hereinafter “F”) all rights and obligations as a representative director.
On January 12, 2012, on the instant real estate at the request of G, which is a senior mortgagee to the Plaintiff, a voluntary decision to commence the auction of the said real estate (hereinafter “instant auction case”) was made on January 12, 2012.
E. On March 8, 2012, the Defendant: (a) promised to pay the Plaintiff the instant amount by September 2014, 2012; (b) written the loan certificate stating, “In the event that the payment is not made by September 2014, the Defendant will be held liable for civil and criminal liability” (hereinafter “the instant loan certificate”); and (c) on March 9, 2012, the Plaintiff performed the procedure for registration of cancellation of the registration of the establishment of a mortgage near the instant registration.
[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings]
2. The allegations by the parties and the determination thereof
A. The plaintiff's assertion (1) is the defendant.