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1. The Defendant’s KRW 265,590,412 as well as the Plaintiff’s KRW 19% per annum from February 17, 2014 to May 26, 2016.
Reasons
1. Basic facts
A. Defendant and B jointly owned 1/2 shares of Gangnam-gu Seoul Metropolitan Government C apartment 35 Dong 903 (hereinafter “C apartment”) as married couple.
B. B, upon the commencement of a reconstruction project for the C Apartment Complex, each of the loans was extended to KRW 770 million from the new bank on April 4, 2008, and KRW 380 million from the Plaintiff (hereinafter “instant loan obligations”).
As a security for each of the above loans, the Defendant and B met to the new bank with respect to C apartment on the same day in order to create a mortgage for the first-order creation of the maximum debt amounting to KRW 912 million, the obligor B, the maximum debt amounting to KRW 456 million, and the Plaintiff’s establishment of a mortgage for the second-order creation of a mortgage for the obligor B (hereinafter “instant mortgage”).
C. After the maturity of the instant loan obligation, the Plaintiff entered into an agreement with the debtor B on March 201, February 24, 2012, and February 14, 2013 to extend the lending period and to change the interest rate (hereinafter “Agreement”) on the following occasions: (a) on March 3, 201; (b) February 24, 201; and (c) on February 14, 2013, in the order of time for each change agreement as of February 14, 2013.
At the time of each amendment agreement, the defendant signed and sealed each agreement as a joint guarantor.
B From September 2013 to February 15, 2014, the instant loan obligation as of February 15, 2014 (i.e., the principal amount of KRW 382,475,280,000 (= KRW 2,475,280,000) began to be in arrears with interest on the instant loan obligation, and thereafter the interest rate for the agreed interest is 19% per annum.
E. After that, the Plaintiff received dividends of KRW 116,84,868 in Seoul Central District Court D case, and appropriated the provisional payment of the instant loans and the principal for the instant loans. The principal balance of the instant loans was KRW 265,590,412 (=382,475,280-116,84,868).
[Ground of recognition] Facts without dispute, Gap 2 through 7 (including paper numbers), witness E's testimony, the purport of the whole pleadings
2. Determination.