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1. The Defendant’s KRW 20 million to the Plaintiff and the Plaintiff’s KRW 15% per annum from October 24, 2018 to May 31, 2019.
Reasons
1. Basic facts
A. C and D’s joint and several liability, with the content that the Plaintiff borrowed KRW 300 million at the interest rate of 15% per annum, 25% per annum, and as of November 29, 2016 on the date of maturity, C and D’s loan certificate dated November 29, 2016 (hereinafter “the instant loan certificate”).
B. A notary public E office deed No. 1302, Nov. 29, 2016; C, and D, on November 29, 2016, approved the Plaintiff’s joint and several debt burden of KRW 300 million according to the agreement entered into in the instant loan certificate; interest rate of 15% per annum; interest rate of 25% per annum; and date of maturity for payment; and on December 6, 2016, the date of maturity for payment shall be set as December 6, 2016; if the Plaintiff fails to perform the said obligation, the authentic deed of debt repayment (quasi-loan for consumption) agreement, which recognizes and acknowledges that the Plaintiff did not raise any objection, was written in the name of C, D and the Plaintiff; at that time, D entrusted the Plaintiff to prepare
(hereinafter referred to as “instant authentic deed”). C.
As between the Defendant and C on September 1, 2016, the Defendant purchased each land of F, G, or H owned by C from C in the purchase price of KRW 1.3 billion. Of that, the Defendant concluded a sales contract with the effect that KRW 720 million shall be the acquisition of the collateral security obligation of each of the above land and the payment in lieu of the payment thereof (hereinafter “instant sales contract”). From September 1, 2016 to November 9, 2016, the Defendant paid KRW 225 million out of the purchase price to C.
In order to enforce compulsory execution based on the original copy of the instant notarial deed, the Plaintiff filed an application for the attachment and assignment order with the Cheongju District Court 2016TTTTB7836, and on December 9, 2016, C received an attachment and assignment order (hereinafter “instant assignment order”) with respect to the amount not exceeding KRW 300 million (hereinafter “instant purchase price claim”) out of the purchase price claim against the Defendant pursuant to the instant sales contract, and the said order was served on the Defendant on December 13, 2016, and became final and conclusive on April 27, 2017.