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1. The defendant shall pay to the plaintiff KRW 64,294,337 and KRW 55,362,887 among them, per annum from June 27, 2018 to the day of full payment.
Reasons
1. Facts of recognition;
A. On April 24, 2012, the Plaintiff loaned KRW 200 million to the Defendant’s general household funds. The expiration date of the lending period is April 24, 2014; the base interest rate out of the floating interest rate is applied; and the compensation rate for delay is set at 20% per annum; and accordingly, the Plaintiff loaned KRW 200 million to the Defendant.
(hereinafter “instant loans”). (b)
The Defendant completed the registration of creation of a mortgage over the amount of KRW 260,000,000,000 with a maximum debt amount of KRW 260,000,000,000,000,000,000,000 won, and the debtor, the Defendant, and the Plaintiff as a mortgagee, for the purpose of securing the
C. On April 26, 2013, the Plaintiff agreed to extend the expiry date of the loan term of the instant loan to April 24, 2016. The interest rate applied to the said loan obligation around April 24, 2016 is 5.13% per annum.
The Defendant did not repay the instant loan to the Plaintiff by the expiration date of the loan period, and on December 2016, the Plaintiff filed an application for voluntary auction with the Cheongju District Court D for the enforcement of the foregoing right to collateral security, and the auction procedure was conducted upon receiving a decision on commencement of auction.
E. On July 21, 2017, the date of distribution of the said auction case, the said court distributed KRW 194,298,259 to the Plaintiff, a mortgagee, who is the right to collateral security.
F. On July 26, 2017, the Plaintiff received the said dividends, enforcement expenses, KRW 3,291,790, and KRW 630,04, a sum of KRW 198,220,093 from the said court, and subsequently, on July 28, 2017, the Plaintiff appropriated the said dividends, enforcement expenses, KRW 3,291,790, KRW 64, and KRW 198,220,00, and KRW 49,460,060 per annum from April 25, 2016 to July 27, 2017 ( KRW 76,150, KRW 766,619,433, the principal of the loan of this case was 55,380,5670,000, KRW 100,000, KRW 1314,39636,394).
G. On August 8, 2017, the Plaintiff received a refund from the above court on August 8, 2017.