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1. The Defendant shall pay 34,165,00 won from Plaintiff B and 30% per annum from November 1, 2013 to the date of complete payment.
Reasons
1. Facts recognized;
A. On July 2, 2007, Plaintiff B agreed to borrow KRW 160 million from the Defendant as of October 1, 2007 and damages for delay at KRW 30,000,000,000,000,000,000,000 from the Defendant, and received KRW 1.45,66 million from the Defendant, after deducting the interest of KRW 14,440,00 for three months.
(2) At the time of the above debt (hereinafter “instant secured debt”), D, which jointly and severally guaranteed the above debt, set up a collateral on July 3, 2007, for the Defendant as the collateral of the above debt, the amount equivalent to 28 million won of the maximum debt amount (However, the debtor on the registry) as to the instant real estate, and on December 10, 2007, respectively set up a collateral (50 million won of the maximum debt amount) as to the instant two real estate.
B. On June 10, 2013, Plaintiff A purchased the instant real estate on June 10, 2013, and completed the registration of ownership transfer in its own name on July 23, 2013. Meanwhile, Plaintiff B, the husband of the instant real estate, died on July 12, 2013, succeeded to 3/7 shares among the instant two real estate.
C. On the other hand, separate notarial deeds were prepared, separate from the secured debt of the instant case, and, upon the commission of the Plaintiff B and the Defendant, the notarial deeds as follows were prepared:
(1) No. 63, 2012, dated February 15, 2012, No. 63 (hereinafter “No. 1 notarial deed”): Loans amounting to KRW 30 million: 30,000 per annum; 30% per annum; 30% per annum; 20% per annum; 20% per annum; 30% per annum; Plaintiff B (representative Plaintiff B); joint and several sureties; 2) a notary public, dated April 5, 2012, No. 129 (hereinafter “No. 2 notarial deed”): Loans amounting to KRW 50,000; 30% per annum; 30% per annum; obligor FF; and Plaintiff B (3) a notary public, a joint and several notarial deed, drafted on April 20, 2012; 2009, 2012, 2009, 2012.21, 2012.