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1. Defendant B’s KRW 128,830,00 for the Plaintiff and KRW 5% per annum from October 29, 2017 to September 21, 2018.
Reasons
1. Basic facts
A. For lending money, the Plaintiff wired KRW 18 million to Defendant B on December 31, 2012, and KRW 30 million on January 29, 2013, issued a cashier’s check on January 30, 2013, issued a cash check on KRW 40 million on March 12, 2013, and remitted KRW 5 million in cash on March 12, 2013, and remitted KRW 55 million on the same day.
B. In order to secure the Defendant B’s loan obligation against the Plaintiff, the mother of Defendant B, completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to the Plaintiff, the obligor, the Defendant C, and the maximum debt amount, KRW 170,000,000,000 for the obligee, the obligor, and the maximum debt amount, regarding D land and buildings owned by the Defendant C.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1-2, Gap evidence 2-2, Gap evidence 3-1-5 and the purport of whole pleadings
2. The assertion;
A. Plaintiff 1) As to Defendant B, the Plaintiff paid KRW 18 million to Defendant B on December 31, 2012 (hereinafter “loans on December 31, 2012”).
(2) A loan of KRW 20 million is paid after deducting KRW 2 million as a second-month interest rate of KRW 5% per month, and KRW 70 million paid on two occasions on January 29, 2013 and January 30, 2013 (hereinafter “loan”)
(3) A loan of KRW 69 million in total (hereinafter referred to as "loan on March 12, 2013") of KRW 14 million paid on March 12, 2013 and KRW 55 million paid on March 12, 2013.
(2) The Defendant C paid KRW 28,170,000 to April 19, 2014 for the interest of the instant loan, after deducting KRW 11,00,000 from the monthly interest rate of 13.75% per month. The Defendant paid KRW 28,170,00 for the interest of the instant loan, but did not pay the principal. Accordingly, the Defendant is obliged to pay the Plaintiff the sum of KRW 170,000 ( KRW 70,000,000) of the instant loan, and the delay damages therefrom. (2) Defendant C has the obligation to pay the Plaintiff the Plaintiff a total of KRW 170,000,000,000 ( KRW 70,000,000) and the delay damages.