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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3.For the purposes of this Court.
Reasons
1. Facts of recognition;
A. On June 17, 2015, the Plaintiff, a credit service provider, entered into a loan agreement between the Plaintiff and the Defendants (hereinafter “instant loan agreement”). On December 31, 2015, the Plaintiff entered into a joint and several loan agreement between the Plaintiff and the Defendant with the terms of lending KRW 6.5 billion to the Defendant A at the maturity of payment on December 31, 2015, interest rate of KRW 27.6% per annum (2.3% per annum) and interest rate of KRW 34.9% per annum (2.9% per annum) (hereinafter “instant first loan agreement”). On the same day, the Defendant B (Defendant A’s wife) jointly and severally guaranteed the Defendant A’s debt within the scope of KRW 9.75 billion against the Plaintiff.
(2) On June 17, 2015, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with Defendant A with the terms that the Plaintiff would lend KRW 1 billion to Defendant A at the maturity of repayment on December 31, 2015, at the interest rate of 27.6% per annum (2.3% per annum) and at the overdue interest rate of 34.9% per annum (2.9% per annum). On the same day, Defendant B guaranteed Defendant A’s above loan obligation to the Plaintiff within the scope of KRW 2.5 billion.
B. In order to secure the Plaintiff’s repayment of the loan of KRW 6.5 billion under the instant loan agreement, Defendant A completed the registration of the establishment of a neighboring mortgage (hereinafter “the instant first collateral security”) with respect to the Plaintiff’s share of KRW 1/5 of the Plaintiff’s loan of KRW 6.5 billion on June 18, 2015, the amount of KRW 661 square meters in Seongdong-gu Seoul, Seoul, and KRW 661 square meters in each of the buildings above the ground, and KRW 5.61 square meters in Seoul, Jongno-gu E station site and KRW 5.41 square meters in each of the buildings above the ground N station, and the amount of KRW 9.75 billion in total amount of the maximum debt.
(2) In order to secure the Plaintiff’s repayment of the loan amount of KRW 1 billion for the instant loan agreement, Defendant A completed the instant second collateral security registration (hereinafter “the instant second collateral security registration”) with respect to the land on June 29, 2015, 78 lots of land, such as H, Gunsan-si H, Seoul, and the apartment complex No. 103 Dong 1602, G 1602 on the land of Gangnam-gu, Seoul, and two parcels of land, the maximum debt amount of which is KRW 2.5 billion.
C. The Plaintiff paid the instant loan to Defendant A’s bank account on June 23, 2015.