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1. Defendant B: 114,083,835 won to the Plaintiff and 5% per annum from January 1, 2009 to April 17, 2014.
Reasons
1. Basic facts
A. The Plaintiff was established in order to implement the housing reconstruction project (hereinafter “instant rearrangement project”) at the Ypo City C, and was authorized to establish a housing reconstruction project association on December 31, 2003, and Defendant B entered into a loan agreement with the Plaintiff’s union members and Defendant New Capital Capital Stock Company (hereinafter “Defendant New Capital”) and was in charge of the household loan business for the Plaintiff’s union members as seen below.
B. On October 10, 2006, the Plaintiff entered into an agreement on the moving expenses (hereinafter “instant loan agreement”) with Defendant New Capital to provide the Plaintiff’s members with a loan for household funds, such as moving expenses (hereinafter “instant loan agreement”).
C. On December 21, 2006, Defendant New Capital lent KRW 110,00,000 to Defendant B with the interest rate of KRW 1.85% on the basis of interest rate, and the loan period from January 10, 2007 to December 30, 2010. On January 5, 2007, in order to secure the above loan claim, Defendant B entered into a mortgage contract with the maximum debt amount of KRW 132,00,000 on A apartment in 203,00,000 on the same day, and completed the registration of the establishment of a mortgage on the same day.
Defendant B began to pay interest from July 2008. Ultimately, upon Defendant New Capital’s request, the Plaintiff repaid the sum of KRW 114,083,835 ( KRW 113,612,433 KRW 471,402, Dec. 31, 2008) on behalf of the Defendant B, including KRW 113,612,433 KRW 471,402 on December 22, 2008.
E. Defendant B, according to the instant improvement project, was sold in lots E apartment Nos. 118 and 1901 (hereinafter “instant real estate”), and completed the registration of initial ownership on December 10, 2010. Defendant New Live Capital Co., Ltd. for the instant real estate on December 20, 2010 and the contract establishing the agreement as of January 5, 2007 and the rearrangement project as of October 21, 2010.