beta
Text
1. Defendant B’s KRW 1,882,887 as well as 5% per annum from March 15, 2014 to January 15, 2015.
Reasons
1. Basic facts
A. On September 5, 2011, the Plaintiff borrowed KRW 150 million from Defendant B, and the maturity for payment was set on September 5, 2012 as KRW 0.25% (3.75 million) per month, and completed the registration of the establishment of a neighboring mortgage with the Plaintiff and the mortgagee as Defendant B with respect to the land in Gangseo-gu, Seoul (hereinafter “each of the instant real estate”) owned by the Plaintiff on the same day in order to secure the said loan obligation.
B. On October 4, 201, the Plaintiff repaid each of the above loans to Defendant B KRW 3750,00,000,000 on the said loans, KRW 3755,00 on November 7, 2011, KRW 1250,000 on February 3, 2012, KRW 3750,00 on March 5, 2012, KRW 3750,00 on April 5, 2012, KRW 1,875,00 on May 5, 2012, and KRW 1,875,00 on May 23, 2012.
C. On October 6, 2008, the Plaintiff borrowed KRW 300 million from the NongHyup Co., Ltd., and completed the registration of creation of a collateral for each of the instant real estate as to the secured debt of the said loan, with the maximum debt amount of KRW 360 million, and the debtor as the Plaintiff and the NongHyup Bank Co., Ltd.
On August 13, 2013, the Nonghyup Bank Co., Ltd. concluded a contract to sell assets including the above loan claims with Korea EF&A Co., Ltd. on September 10, 2013, and again concluded a contract to transfer or take over the above assets sales contract with Korea Ef&A Co., Ltd and Defendant Ef&A 38 (hereinafter “Defendant Co., Ltd”).
Accordingly, on September 12, 2013, the NongHyup Co., Ltd. notified the Plaintiff that the principal, interest, delay damages, and all other rights incidental thereto were transferred to the Defendant Company. The above notification reached the Plaintiff at that time.
The NongHyup Bank filed an application for voluntary auction procedure with the Seoul Northern District Court for each of the instant real estate as a mortgagee E prior to the assignment of the above assignment, and on April 4, 2013, the decision to commence the auction of the said court was each of the instant cases.