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1. The Defendant’s KRW 44,210,902 as well as the Plaintiff’s annual rate from March 23, 2007 to March 13, 2017, and the following.
Reasons
1. Facts of recognition;
A. From November 5, 2004 to March 12, 2007, the Plaintiff served as a joint representative director of the Defendant Company (former trade name: C Co., Ltd.).
In borrowing KRW 2.1 billion from the Defendant Company D (hereinafter “Nonindicted Bank”), the Plaintiff offered as security the Plaintiff’s former Jinandong-gun E, Jinandong-gun, 2,787 square meters, and 1,901 square meters of old F, and its ground buildings (hereinafter “each of the instant real estate”). On June 22, 2005, the Plaintiff completed the registration of establishment of a neighboring mortgage on each of the instant real estate to the Defendant Company and the maximum debt amount of KRW 50 million on the ground of the contract on June 21, 2005.
On the other hand, in order to secure the above loan obligations from the non-party bank, the defendant company completed the registration of ownership transfer equivalent to the amount of 2.7 billion won issued in the principal debtor company, the non-party bank, the first priority beneficiary bank, the non-party bank, the beneficiary beneficiary certificate, and the amount of 2.73 billion won, on June 22, 2005, on the ground of the trust on June 21, 2005 with respect to the whole of the land and its ground hotel and its ground (hereinafter “instant hotel, etc.”).
On October 21, 2005, with respect to the hotel, etc. of this case, the second priority beneficiary corporation I (hereinafter “I bank”), the amount of 500 million won issued in the certificate of beneficial rights, and the third priority beneficiary Korea Housing Finance Corporation and the issue amount of the certificate of beneficial rights were additionally established on November 3, 2005.
B. The real estate of this case was sold on February 7, 2007 by the Jeonju District Court J, and on March 22, 2007, a distribution schedule was prepared to distribute KRW 44,210,902 to the non-party bank. On April 9, 2007, the non-party bank used the said money to repay the principal amount of KRW 34,462,657 and KRW 9,748,145, out of the interest of KRW 10,356,164 from March 22, 2007, from March 22, 2007 to April 8, 2007.
The interest until March 21, 2007 shall be all until March 23, 2007.