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1. Defendants B and C shall pay to the Plaintiff KRW 45350,000 for each of the KRW 45350,000,000, and Defendant B shall be from December 4, 2015; and Defendant C shall be from December 2, 2015.
Reasons
1. Facts of recognition;
A. On February 201, the Plaintiff, a joint owner of E, had an aggregate extraction business run in G and eight lots (hereinafter “instant land”) outside G in Ansan-si (hereinafter “instant land”).
On June 9, 2011, the Plaintiff and E established H Co., Ltd.
B. On April 13, 201, the Plaintiff for the first-use and the first-class mortgage creation and E borrowed KRW 100 million each from Defendant B and C, KRW 200 million per interest month, and KRW 200 million per due date and two months after the due date for payment (hereinafter “first-class loan”), and received KRW 180 million for the remainder after deducting KRW 20 million from the aforementioned Defendants as prior-paid interest and KRW 20 million. To secure the first-use loan, the Plaintiff and E received KRW 180 million from the said Defendants. In order to secure the first-use loan, the Plaintiff and E completed the establishment registration of a mortgage on the instant land as the debtor E, maximum debt amount, KRW 30 million, and the said Defendants as the mortgagee.
(hereinafter referred to as "first priority mortgage"). (c)
Around June 29, 2011, the Plaintiff borrowed KRW 200 million from Defendant D and interest rate of KRW 30% per annum without setting the due date (hereinafter “the second use”).
2) At the time of the second-use, the Plaintiff agreed to take over the first-use debt between E, Defendant B, and C, and to change the interest from 10% per annum to 30% per annum.
3) In addition, at the time of the second use, the Plaintiff received KRW 30 million from Defendant D with the interest of KRW 1.5 months (from May 13, 2014 to June 28, 2014) remaining 1.5 months (i.e., KRW 200 million x 1.5 months) and KRW 40 million including the redemption fee for the first use, various expenses, etc., and the redemption fee for the first use (= KRW 30 million 40 million) and KRW 70 million in total, and KRW 40 million in total (= KRW 30 million 40 million) from Defendant B and KRW 130 million in remainder (= KRW 2770 million in total - KRW 70 million in total). The Plaintiff received KRW 16.1 million from Defendant D with the establishment of a mortgage around 21, 2019.