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1. The Plaintiff:
A. Defendant B shall be from March 8, 2019 to the date of full payment with respect to KRW 41,529,652 as well as KRW 30,00,000 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff extended a total of KRW 30 million to Defendant B on two occasions [i.e., a loan of KRW 20 million on February 23, 2017, interest rate of KRW 18% per annum (interest rate of KRW 27.9% per annum) on February 23, 2020 on the date of repayment, ② a loan of KRW 10 million on March 24, 2017 on the date of loan, ② an interest rate of KRW 24% per annum (interest rate of KRW 27.9% per annum), and March 24, 2020 on the date of repayment].
B. At the time of the above lending, Defendant C jointly and severally guaranteed the above loan obligations (the guarantee limit of the loan obligations as of February 23, 2017, the guarantee limit of the loan obligations as of March 24, 2017, and the guarantee limit of the loan obligations as of March 24, 2017, which was KRW 15 million), as to each of the second floor F of the building of Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “the instant housing”) owned by Defendant C (hereinafter “the instant housing”), and completed the registration of creation of a neighboring mortgage (the mortgagee, Plaintiff, Defendant B, and the maximum debt amount each of the maximum debt amount) as of each of the above loan obligations.
C. Meanwhile, at the time of the above lease, prior mortgage was established on the instant house with the maximum debt amount of KRW 12 million, and the Plaintiff sought confirmation as to whether Defendant D, who completed the resident registration move-in report on August 8, 2016 with the residence of the instant house, was a lessee. Accordingly, on February 23, 2017, the Plaintiff prepared each of the following confirmation: “Defendant C and D” to the Plaintiff on February 23, 2017, “I have not concluded a lease agreement with Defendant C, the owner of the said house, but did not assert the opposing power as the lessee by asserting the lessee’s right and selling it in the future, which is the time when the compulsory execution procedure (auction of real estate) of the instant house is in progress.”
Since then, as Defendant B did not pay the principal and interest of the loan, Defendant B rendered a decision to voluntarily commence the auction on the instant housing on April 23, 2018 upon the Plaintiff’s application.
E. However, each of the above cases is examined by the Plaintiff.