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1. Defendant A shall pay to the Plaintiff the amount of KRW 3,896,486 and KRW 2,644,705 from February 12, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On December 5, 2013, Nonparty A lent to Defendant A a loan of KRW 3,00,000,000 to Defendant A with a loan period of 36 months and interest rate of 39% per annum (interest rate; hereinafter the same shall apply) (hereinafter “instant loan”), and Defendant A lost the benefit of time starting with delinquency in payment of interest.
B. On March 25, 2015, the aforementioned loan was transferred to the Plaintiff the claim for the principal and interest of the instant loan to Defendant A, and notified the Defendant A thereof on April 1, 2015, which reached the Defendant A around that time. On February 11, 2016, the claim for the principal and interest of the instant loan was reached KRW 3,896,486 in total, and the principal amount is KRW 2,64,705 in total.
C. Each real estate listed in the separate sheet (hereinafter referred to as “instant site” and “instant real estate” were owned by Non-Party C (Death on March 19, 2015). In addition, each of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) owned by Non-Party C, the maximum debt amount of Non-Party C (Death on March 19, 2015) was registered on October 31, 2005, and the establishment registration was completed under the name of Non-Party Red Saemaul Cooperative C, a debtor of Non-Party C (joint collateral), and the network C did not actively have any other inherited property, and the co-inheritors was the Defendants, a child.
On April 20, 2015, the Defendants agreed on the division of inherited property that “Defendant A waives his/her share in inheritance to each of the instant real estate, and each of the instant real estate shall be owned solely by Defendant B, and that the obligation to collateral security that was loaned from the Red Saemaul Depository as security of each of the instant real estate shall be acquired by Defendant B” (hereinafter “instant agreement on division of inherited property”), and accordingly, on April 28, 2015, the ownership transfer registration was made in the name of Defendant B with respect to each of the instant real estate on April 28, 2015.
E. At the time of the agreement on division of the inherited property of this case, Defendant A did not have active property other than each of the instant real estate. The value as of the officially announced land price in 2015 = 54,720,000 won = 285,00 won.