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1. As to KRW 24,835,604 and KRW 14,674,476 among the Plaintiff, Defendant A shall be the year from December 10, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On March 8, 2013, the Plaintiff loaned KRW 16,000,00 to Defendant A for the loan period from March 8, 2013 to March 8, 2018; 23.9% per annum; 44.9% per annum on delay interest rate; and 44.9% per annum on delay interest rate in installments of principal and interest on repayment method.
(hereinafter “instant loan”). Defendant A lost a benefit due to delay in repayment of principal and interest on April 10, 2014, and the amount of the obligation to be borne by the Plaintiff as of December 9, 2015 is KRW 24,835,604 (= Principal KRW 14,674,476 and interest KRW 78,417 and interest KRW 9,372,711).
B. Defendant A applied for voluntary retirement on or around September 2013 while working for Co., Ltd. (hereinafter referred to as “C”), and retired from office on April 1, 2014 upon the said application.
C. On November 22, 2013, the Defendants: “Defendant B lent KRW 79,50,000 to Defendant A on August 29, 2013 at the rate of 12% per annum, 12% per annum, and 20% per annum, and if Defendant A fails to repay the above loan obligation, he/she immediately recognized that there was no objection to compulsory execution” (hereinafter “instant authentic deed”); and, on November 22, 2013, the Defendants drafted a notarial deed of monetary loan for consumption (hereinafter “instant authentic deed”); and on November 22, 2013, which was the basis of its preparation, drafted a monetary loan agreement for consumption (hereinafter “instant monetary loan agreement”).
Defendant B, on December 4, 2013, with the title of execution of the notarial deed in this case, was issued an assignment order for the amount of KRW 83,907,917 among the claim amounting to KRW 83,917 among the Defendant’s wage and retirement allowance claim against Defendant A (Seoul District Court 2013TTT 20197). Accordingly, Defendant B received KRW 66,012,745 on two occasions, including April 3, 2014 and April 17, 2014.
E. At the time of November 22, 2013, Defendant A did not have any particular property except for the wage and retirement allowance claims against C as of November 22, 2013, and Defendant A bears a total of at least KRW 200 million loan obligations against multiple creditors, such as Korea Exchange Bank.