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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 15, 2010, the Plaintiff entered into a loan transaction agreement with the Defendant on April 15, 2010 on the loan limit of KRW 19,00,000, and the expiration date of the loan period on April 15, 2012 (which was later extended on April 15, 2014), and the interest rate on the loan transaction agreement with the changed interest rate (8.9% per annum at the time of the agreement) (hereinafter “the first loan transaction agreement”).
The rate of delay damages under the loan transaction agreement is 17.52% per annum until April 29, 2018, and 11.52% per annum from the next day to the next day.
The Plaintiff did not repay the obligations under the First Loan Agreement up to now. The loan principal and interest accrued until October 14, 2019 under the First Loan Agreement is KRW 35,968,903 in total (=the balance of principal and interest KRW 18,936,979 and delay damages KRW 16,931,924).
B. On April 15, 2010, including the conclusion of an additional loan transaction agreement, the Plaintiff entered into a loan transaction agreement with the Defendant on April 15, 2010 on the loan amount of KRW 171,00,000, and the expiration date of the loan period on April 19, 2030 (hereinafter “second loan transaction agreement”). On April 16, 2010, the Plaintiff completed the registration of the establishment of a mortgage agreement with the Defendant on the lending EF (hereinafter “instant apartment”) with respect to D and 3 lots E E (hereinafter “the instant apartment”).
The defendant delayed the payment of interest under the second loan transaction agreement and lost the benefit of time, and the plaintiff filed an application for voluntary auction on the apartment of this case, and the judgment to commence voluntary auction on February 18, 2014 was rendered.
However, while the above voluntary auction procedure is in progress, the defendant paid KRW 176,00,00 to the plaintiff on September 5, 2014 for the repayment of debts under the second loan transaction agreement. Accordingly, the plaintiff applied for the revocation of the above voluntary auction on September 5, 2014.