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1. Defendant C’s KRW 74,00,000 and the Plaintiff’s annual rate of KRW 5% from January 1, 2011 to July 21, 201, and the following.
Reasons
1. Facts of recognition;
A. When the Plaintiff pays the sales price from D Co., Ltd. (hereinafter “D”), the Plaintiff said that it would newly construct and sell the de facto town to the Seocheon-gun, Gangwon-do and then return the sales price to the interest.
B. Around July 28, 2008, Defendant B obtained a loan of KRW 74 million from the National Bank of Korea (hereinafter “instant loan”). At the time, the Plaintiff established a right to collateral security (hereinafter “instant real estate”) against the Defendant B and the 888 million maximum debt amount with respect to the E Apartment-gu No. 1106 Dong 504 (hereinafter “instant real estate”) owned by the Plaintiff to the National Bank of Korea Co., Ltd. in order to secure the obligation of the instant loan to the National Bank of Korea.
C. Of the instant loans, approximately KRW 15 million was used to repay the Plaintiff’s obligations to the Korea Housing and Commercial Bank immediately, and the remaining KRW 60,694,230 was remitted to Defendant B’s National Bank account; KRW 60,000 was deposited into D; and the remainder was used to repay the interest of the instant loans.
D On July 27, 2010, the Plaintiff prepared a letter to the effect that “The Plaintiff would receive KRW 74 million from the Plaintiff, and redeem it until December 31, 2010,” and the Defendant C affixed a seal on the said letter as a joint and several surety.
In addition, on May 3, 2011, D prepared a written confirmation to the Plaintiff that “the Plaintiff deposited KRW 74 million as D, and that D borrowed it.”
E. From the date of the instant loan, D deposited money equivalent to the interest on the instant loan to Defendant B’s bank account, and paid interest on the instant loan from the said account. D discontinued deposit of the said money around 2010, and Defendant B bears part of the interest on the instant loan around 2010 and 2011.
F. The Plaintiff’s principal and interest on the instant loan obligation from April 201 to May 2017.