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The defendant shall pay to the plaintiff KRW 318,524,263 and KRW 310,00,000 among them, per annum from March 10, 2017 to the day of full payment.
Reasons
Facts of recognition
A. On August 18, 2015, the Defendant was granted a loan of KRW 310,00,000 per annum from C Cooperatives (hereinafter “C”) at KRW 4.9% per annum, and damages for delay at KRW 15.735% per annum, and the Defendant offered each real estate listed in D [Attachment] owned by the Defendant and his/her branch as security (hereinafter “each of the instant real estate”) as to each of the instant real estate at KRW 3,403,00,000 (hereinafter “instant collateral security”). On the same day, D completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral security”) with respect to each of the instant real estate at KRW 403,00,000, with the obligor, the maximum debt amount of KRW 30,000 per annum.
(hereinafter) The Defendant’s above loan obligation secured by the instant collateral security right refers to “the instant secured obligation,” and C’s above loan obligation refers to “the instant secured obligation”).
Around January 26, 2017, D’s obligee E filed an application for subrogation for the instant secured obligation with C. On March 10, 2017, D paid the principal amounting to KRW 310,000,000, interest rate of KRW 4,804,829, interest rate of KRW 3,719,434, total of the principal and interest of the instant secured obligation (hereinafter “instant subrogation”).
(2) Accordingly, on March 10, 2017, C transferred the instant secured claim to E on the ground of subrogation for the finalized claim, and C transferred the instant secured claim (Supplementary registration of the instant secured claim that was completed on March 10, 2017). On the same day, C transferred the instant secured claim that was acquired from C to the Plaintiff on the same day, and C transferred the instant secured claim again, while transferring the instant secured claim that was acquired from C to the Plaintiff.
(E) On March 29, 2017, the Defendant, on March 10, 2017, paid the amount of debt to E, the subrogation, as the Defendant, on March 29, 2017, paid the instant secured obligation.