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1. The Defendant shall pay to the Plaintiff KRW 65,859,005 and the interest rate of KRW 15% per annum from November 27, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. In around 2007, the Industrial Bank of Korea concluded a credit transaction agreement with B (hereinafter “the instant credit transaction agreement”) and accordingly loaned money to B. In order for B to secure the obligation of loans to be borne by the Industrial Bank of Korea under the instant credit transaction agreement, C was the land listed in attached Table 1, 2, and 3 (hereinafter “land”) and the Defendant provided the land listed in paragraph (4) of the same Table (hereinafter “No. 4”) as joint collateral. The Industrial Bank of Korea and C and the Defendant concluded a contract between B and the Defendant to set up a collateral security interest of KRW 250,00,000 with respect to each of the instant land on January 14, 2014, and the establishment of a collateral security interest was completed on the same day.
B. B did not repay the above loans, the Industrial Bank of Korea filed an application for voluntary auction of each of the instant land on December 24, 2014, and the Changwon District Court rendered a decision to commence voluntary auction D on the same day.
(hereinafter the above auction procedure is referred to as “instant auction procedure”).
During the auction procedure of this case, the Industrial Bank of Korea transferred the claim for loans under the credit transaction agreement of this case to the plaintiff, and the plaintiff reported the creditor to the court of execution.
Since then, each of the instant lands was sold through the auction procedure, and the date of distribution was designated on November 18, 2015.
As of November 18, 2015, the Plaintiff submitted a claim statement to the executing court prior to the date of distribution, and reported the claim amounting to KRW 223,890,340 in total, and KRW 1,484,424 in total (interest calculated by 11% per 22 days from October 28, 2015 to November 18, 2015), total amount of KRW 225,374,764 in total.
However, the executing court shall distribute the proceeds from the sale of each of the lands in this case to the delivery authority first, and the first, second, and second.