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1. Defendants B and C shall jointly and severally pay to the Plaintiff KRW 120,000,000 and the interest rate thereon from October 1, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On November 10, 2016, the Plaintiff lent KRW 120,000,000 to Defendant B and C, and KRW 10,000,000,000 for early March 2017, and KRW 19,19,500 for May 19, 2017, and KRW 30,000,000 for the same month.
B. On February 7, 2018, Defendant B entered into a sales contract (hereinafter “instant sales contract”) with Defendant D on the real estate indicated in the separate sheet (hereinafter “instant real estate”). On February 21, 2018, Defendant B completed the registration of ownership transfer on the instant real estate under the Busan District Court’s receipt of registration office No. 4230 on February 21, 2018.
C. At the time of the instant sales contract, the registration of creation of a neighboring mortgage (the debtor B, the maximum debt amount of KRW 420,000,000) in the name of the E Co., Ltd. (the debtor B, the maximum debt amount of KRW 420,000) was cancelled on February 21, 2018 as the receipt No. 4404 on February 22, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, each entry of Eul evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), the Ministry of Land, Infrastructure and Transport of this court, each fact inquiry into the Court Administration, the purport of the whole pleadings, as a whole.
2. Determination:
A. According to the judgment on the claim for a loan (1) as to the principal, Defendant B and C are jointly and severally liable to pay the Plaintiff the total amount of KRW 120,000,000,000.
(2) On the grounds that the Plaintiff agreed on the interest rate of 24% per annum with respect to Defendant B and the loan, the Defendant asserted that he did not enter into an interest agreement with the Plaintiff, and that part of the principal was repaid in installments.
The following circumstances, i.e., Defendant B and C paid the Plaintiff KRW 1,40,000 monthly amounting to KRW 24% per annum for KRW 70,000,000 from December 2016 to May 2017, and deposited KRW 2,40,000 per annum for KRW 120,000 from June 20 to September 2017, respectively, and Defendant B and C paid interest to the Plaintiff.