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Defendant C shall pay to the Plaintiff KRW 36,178,084 and KRW 23,892,054 among them, per annum from September 18, 2019 to the day of full payment.
Reasons
1. Basic facts
A. (1) On April 18, 2017, Defendant C extended a loan with a maturity of KRW 29 million from Nonparty E Co., Ltd. on April 18, 2017, with a maturity of KRW 27.9% on April 18, 2020, but did not fully repay the loan thereafter.
As of July 4, 2019, the above principal and interest amounts consist of 23,892,054 won as principal, 7,246,410 won as principal and interest amounts, overdue interest, 5,039,620 won as principal and interest amounts, and 36,178,084 won as principal and interest amounts.
(2) On November 2, 2018, E Co., Ltd. transferred the above loan claims to the Plaintiff, and notified Defendant C of them on December 6, 2018.
B. The Defendants, who was the couple of the gift agreements between the Defendants, owned each of the instant apartment units 1/2 shares. However, on January 25, 2018, Defendant C donated his/her share (hereinafter “instant share”) to Defendant D (hereinafter “instant gift agreement”), and completed the transfer registration to Defendant D on January 29, 2018.
At the time, Defendant C was in excess of its obligation, and there was no other ownership of real estate, other than the ownership of this case.
C. (1) At the time of the donation agreement of this case, the right to collateral security (hereinafter “mortgage”) was established on the apartment of this case with the obligor Defendant D and the FF Co., Ltd., the maximum debt amount of KRW 165 million (hereinafter “mortgage”) (the amount of the secured debt at that time), lower than that of the obligor C and the mortgagee G, the maximum debt amount of KRW 90 million (hereinafter “mortgage”) was set on the instant apartment.
(2) The registration of the establishment of a neighboring mortgage was cancelled on February 22, 2018, and the registration of the establishment of a neighboring mortgage was cancelled on January 31, 2019.
The Defendants’ divorces by the Defendants shall be confirmed by the Ulsan Family Court No. 2018No. 433 on April 4, 2018, with the intention to divorce as agreed upon under the same year.
6. 28. Consultations reported divorce.
E. The market price of the apartment of this case is somewhat above 300 million won at the time of the donation contract of this case.