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1. The Defendant’s KRW 46,480,000 and its weight to the Plaintiff:
(a) As regards KRW 20,000,000, five thousand won from May 3, 2013, and five thousand,00,000.
Reasons
1. Basic facts
A. A. Around April 29, 2013, around May 2, 2013, C drafted a certificate of loan (Evidence A1) that the Defendant borrowed KRW 20 million from the Plaintiff on behalf of the Defendant at a rate of 30% per annum on April 29, 2013. (2) On May 1, 2013, the Plaintiff had completed the registration of creation of a mortgage (hereinafter referred to as the “registration of creation of a mortgage”) around the maximum debt amount of KRW 30 million on the ground of a mortgage contract on April 29, 2013, which was owned by the Defendant with respect to the building 507 (hereinafter referred to as the “instant real estate”).
(A) On May 2, 2013, the Plaintiff: (a) transferred KRW 20 million to the Defendant’s national bank account (Evidence A 3); (b) on May 9, 2013, the Plaintiff drafted a loan certificate (Evidence A6) stating that C borrowed KRW 25 million with interest rate of KRW 30% per annum on behalf of the Defendant on May 9, 2013 (Evidence A2; KRW 10 million on May 27, 2013; and KRW 10 million on behalf of the Defendant (Evidence A6).
2) On the same day, the Plaintiff drafted a certificate of borrowing (Evidence A2, A14-1) that C borrowed KRW 5 million from the Defendant’s national bank account (Evidence A2, A14-1, 3) on behalf of the Defendant at a rate of 30% per annum, on May 16, 2013, the Defendant borrowed KRW 10 million from the Plaintiff at a rate of 30% per annum.
4) On May 24, 2013, with respect to the instant real estate on May 24, 2013, the registration of creation of a neighboring mortgage (hereinafter referred to as “registration of creation of a neighboring mortgage”) consisting of 20 million won of the maximum debt amount arising from a contract establishing a mortgage on
(A) On May 27, 2013, the Plaintiff transferred KRW 10 million to the Defendant’s national bank account.
(A) Evidence No. 2, A14-2.c.
Around May 31, 2013, 2013, 1) C drafted, on behalf of the Defendant, a certificate of borrowing (Evidence A8) that the Defendant borrowed KRW 5 million from the Plaintiff at a rate of 30% per annum on behalf of the Defendant (However, the amended Interest Limitation Act (No. 12227) that reduces the maximum interest rate from 30% per annum to 25% per annum.