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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Basic Facts
A. On April 23, 2002, the Plaintiff lent KRW 50,000,000 to the Defendant (hereinafter “instant loan”) without setting the due date.
B. From May 21, 2002 to January 8, 2003, the Defendant paid the Plaintiff KRW 370,000 to KRW 450,00 per month interest on the above loan.
C. On March 10, 2003, the Defendant: (a) on the land and its ground buildings owned by the Plaintiff as collateral for the instant loan (hereinafter “instant real estate”), registered the creation of a mortgage on the land owned by the Plaintiff with the maximum debt amount of KRW 60 million; and (b) the mortgagee E (the Plaintiff’s birth) with regard to the instant real estate as collateral for the instant loan.
[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 3, and the facts of the above recognition as to the ground for a claim as to the purport of the entire pleadings, barring any special circumstance, the defendant's interest on the loan Nos. 50,000,000 and its last amount from January 9, 2003 to April 29, 2013, when the original copy of the payment order of this case was served on the defendant, shall be deemed to be KRW 370,000 to KRW 450,00 per annum. Thus, the interest on the loan of this case calculated at the rate of 5% per annum for KRW 208,333 [(50,000,000 x 5%)/12 months per annum, barring any special circumstance. Thus, it is clear that the plaintiff's annual interest rate is below 5% per annum.
5% per annum and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment shall be liable to pay interest or delay damages at each rate.
The Defendant’s assertion as to the Defendant’s assertion was extinguished under the settlement agreement between the Plaintiff and the Defendant, and the Defendant, after receiving a successful bid in the name of a third party at the time of the auction of the instant real estate, sold the instant loan and divided the gains. The instant loan has been extended to the Plaintiff.