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1. The Defendant shall pay to the Plaintiff KRW 43,798,473 and the interest rate of KRW 15% per annum from March 15, 2018 to the date of full payment.
Reasons
1. Basic facts - Upon introduction of C on January 20, 2013, the Defendant purchased Seocho-gu Seoul EFho (hereinafter “instant housing”) from D and completed the registration of transfer on February 13, 2013. At the time of completing the registration of transfer on February 13, 2013, the Defendant acquired the collateral security debt (the creditor: G Saemaul Treasury, the maximum debt amount of 572,00,000,000 won, hereinafter “instant debt”).
The person in charge of the loan of this case at the G Saemaul Fund was the plaintiff.
However, as the Defendant did not pay the interest of the instant debt, the G Saemaul Fund, around June 4, 2013, proceeded with the auction procedure on H site and ground buildings owned by the Defendant’s wife, which were offered as the instant housing and joint collateral, and the Doncheon-si I and J who is the Defendant’s residence.
G Saemaul Fund collected part of the claim from the proceeds from the auction sale of the instant housing and the above real estate owned by the Defendant, and then withdrawn the auction of the real estate located in the Defendant’s residence after being additionally repaid KRW 100 million from the Defendant around September 2014.
On the other hand, even though the Defendant paid the above KRW 100 million in addition, KRW 43,798,473 of the principal and interest of the instant debt remains without being repaid. -
However, the Plaintiff, while taking charge of the loan of this case, was residing by the lessee rather than the G Saemaul Treasury, who was the mortgagee of the instant house, but neglected the confirmation of the lease through the perusal of the moving-in household after obtaining confirmation that there was no lessee of the instant house, and performed the loan exceeding the collateral recognition ratio without deducting the senior lease deposit.
On December 12, 2013, the Plaintiff drafted a statement of performance that, with respect to the above loan, the Plaintiff is liable for the amount exceeding the collateral coverage ratio if the loss occurs to G Saemaul Fund (hereinafter “instant statement of performance”).
After that, on September 12, 2014, the Plaintiff did not repay the principal and interest of the instant debt in accordance with the instant text.