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1. The Defendant shall pay 47,838,575 won from the Plaintiff and 2% per month from December 7, 2013 to the date of full payment.
Reasons
1. Factual basis
A. The Defendant, who is an employee in charge of fund management in a C Company, lent money on several occasions to Plaintiff and Plaintiff’s mother D (hereinafter “Plaintiff, etc.”) on the pretext of the C Company’s operating fund, and settled on December 28, 2012 that KRW 230,000,000 among them was not repaid, following the Busan East-gu E and F’s 401,402 were paid in kind as KRW 111,00,000.
With respect to the remaining debt amount of KRW 119,00,000, the Defendant completed the registration of the Busan District Court and the establishment of a collateral security (hereinafter “mortgage”) with respect to the real estate indicated in the separate sheet that the Plaintiff et al. owns 1/2 shares on January 8, 2013 as to the real estate (hereinafter “instant real estate”) with respect to the loan amount of KRW 20,000,000 from the Plaintiff et al. on December 31, 2013 (hereinafter “the aforementioned debt amount of KRW 119,00,000).
B. On October 15, 2013, the Defendant: (a) as to H building 401 and 501 (hereinafter “H building”) owned by the Plaintiff et al. with the Plaintiff et al., transferred ownership of KRW 145,00,000 each of the transaction value; (b) agreed to appropriate an amount calculated by deducting the secured amount of senior mortgage from the transaction value for the repayment of the obligation owed by the Plaintiff et al. to the Defendant; and (c) completed the registration of ownership transfer on December 6, 2013.
The amount of secured debt of the right to collateral security established on the above real estate at the time shall be KRW 96,00,000,000 each, and the amount calculated by deducting the amount of secured debt of the prior collateral security from the transaction value above (total amount of KRW 290,00,000,000.
C. On February 19, 2016, on the Plaintiff’s one-half portion of the instant real estate, a decision to voluntarily commence the auction was rendered on February 19, 2016 upon the Defendant’s request.
[Reasons for Recognition] There is no dispute, Gap evidence 1 to Gap evidence 2-4, Gap evidence 5, and Eul.