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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from June 7, 2012 to the day of complete payment.
Reasons
1. In full view of the facts that there is no dispute between the parties to the claim and the facts stated in Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings, the plaintiff borrowed 450 million won from the defendant's wife C at the rate of 1.5% per month on May 14, 2012. At the time, the plaintiff and the defendant at the time set the above KRW 450 million at the interest rate of 15% per annum and agreed to pay to the plaintiff after using the defendant at the interest rate of 15% per annum. Accordingly, on June 7, 2012, the defendant prepared and executed a loan certificate of KRW 60 million (Evidence No. 2) to the plaintiff on June 7, 2012.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 60 million won with interest rate of 15% per annum from June 7, 2012 to the date of full payment.
In this regard, the defendant asserts that C was unable to respond to the plaintiff's request because C submitted a claim statement stating the leased principal amount of KRW 390 million in the discretionary auction procedure for real estate owned by the plaintiff and received it.
According to the evidence Eul's evidence Nos. 1 and 2, in Suwon District Court D's D's auction of real estate owned by the plaintiff, E(combined), and F(Dual) cases, C as an applicant creditor (mortgaged mortgagee), submitted a claim statement stating that the amount of loans against the plaintiff is KRW 659,100,000,000, in total, KRW 39,100,000,000, which is the principal amount of loans to the plaintiff. The above court prepared a distribution schedule stating that the amount of loans filed with C on March 29, 2016 is KRW 659,100,000,000,000, which is the maximum amount of debt amount of KRW 500,000,000,000,000,000 shall be deemed to be a ground for refusing the payment of loans to the plaintiff. The above argument by the defendant is without merit.
2. The plaintiff's claim is accepted on the ground of its reasoning.