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Reasons
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(영문) 수원지방법원 2018.07.05 2017가단547384
대여금
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1. The Defendants are jointly and severally liable to the Plaintiff for 7,61,466 won and 5% per annum from May 1, 2015 to July 5, 2018.

Reasons

1. Facts of recognition;

A. On October 19, 2012, Defendant B borrowed KRW 21 million from the Plaintiff as of October 18, 2013 due date, the agreed rate of 3% per month, and the overdue interest rate of 15% per month. Defendant C jointly and severally guaranteed Defendant B’s above loan obligation.

(hereinafter “instant monetary loan agreement”). (b)

As a security for the above loan debt, Defendant B completed the registration of creation of mortgage (hereinafter “instant mortgage”) with respect to D Apartment E (hereinafter “instant apartment”) in Gyeyang-gu, Incheon (hereinafter “instant apartment”) on October 17, 2012, including the maximum debt amount of KRW 30 million and the right to collateral security (hereinafter “instant mortgage”).

C. The Defendants requested the Plaintiff, who is the second secured mortgage, to pay the above loan obligation by subrogation, to the FF Co., Ltd. (hereinafter “F”), which is the first secured mortgage on the apartment of this case, due to the delinquency in payment of the debt.

Accordingly, on December 31, 2014, the Plaintiff subrogated to F for the loan obligation amounting to KRW 43,167,210,000, which was incurred until that time, and was transferred from F to F the registration of establishment of the first apartment in this case, and disbursed KRW 337,880 at the registration cost.

E. Meanwhile, the Defendants paid a total of KRW 72.5 million over 14 times to the Plaintiff for the repayment of the above loan and the liability for reimbursement against the Plaintiff.

Serial Temporary repayment amount 12.6 million won on December 12, 2012, 200 won, KRW 3.6 million on January 31, 2013, KRW 400,000,000 won on April 9, 2013; KRW 600,000 on July 8, 2013; KRW 7.4 million on July 4, 17, 2013; KRW 8.6 million on August 29, 2013; KRW 300,000 on September 17, 2013; KRW 1.5 million on July 15, 2014; KRW 300,000 on July 17, 2014; and KRW 1.5 million on July 15, 2014, KRW 300,000 on July 31, 2015.

2. The assertion and judgment

A. Determination 1 on the grounds of claim as to the claim for borrowed money.

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