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1. Defendant D and E shall jointly and severally serve as KRW 160,000,000 for the Plaintiff and as a result, from July 1, 2013 to June 30, 2014.
Reasons
1. Determination as to the Plaintiff’s respective claims against Defendant D and E
A. (1) The Plaintiff had a monetary transaction relationship, including lending money to Defendant E several times from January 7, 2009, but Defendant E agreed on July 8, 2013 to pay to the Plaintiff the amount of KRW 160,000,000 as principal until June 30, 2014; the interest shall be calculated from July 1, 2013; the interest shall be 12% per annum; and if the maturity expires, 24% per annum shall be paid.
(2) At the time of the aforementioned agreement on July 8, 2013, Defendant D, the wife of Defendant E, jointly and severally guaranteed the above debt owed to the Plaintiff of Defendant E.
[Grounds for recognition] The descriptions of evidence Nos. 2 and 3, and the purport of the whole pleadings
B. According to the above facts of recognition, Defendant D and E are jointly and severally liable to pay to the Plaintiff 160,000,000 won and interest or delay damages calculated at the rate of 12% per annum from July 1, 2013 to June 30, 2014, and 24% per annum from the next day to the day of full payment.
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2. Determination as to the plaintiff's claim against the defendant B
A. (1) On February 21, 2002, Defendant D completed the registration of ownership transfer based on a successful bid due to a voluntary auction as of February 21, 2002, No. 9298, which was accepted on February 21, 2002, with respect to the real estate stated in the separate sheet (hereinafter “instant real estate”).
(2) On February 21, 2002, Defendant D entered into a mortgage agreement with Non-Party F Co., Ltd. and with respect to the instant real estate at KRW 63,600,000 with the maximum debt amount, and completed the registration of creation of a mortgage in the Jeonju District Court No. 9299, Feb. 21, 2002, which was accepted on February 21, 2002.
(3) Around May 25, 2009, Nonparty G lent KRW 20,000 to Defendant D the due date for reimbursement on August 25, 2009. Defendant D agreed to transfer ownership of the instant real estate if the said money is not repaid. The former District Court’s all-round indictment received on May 26, 2009, No. 27802, May 25, 2009, issued on May 25, 2009.