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1. The Defendant shall pay 83,647,070 won and its full payment from May 9, 2015, within the limit of KRW 100 million from the Plaintiff.
Reasons
1. Facts of recognition;
A. C borrowed KRW 40 million from D on April 5, 201 as interest rate of 30% per annum, as well as loans borrowed KRW 212,025,00 in total as indicated in the “loan” column of the attached Table for Calculation of Appropriation of Performance by August 31, 2012.
B. On April 5, 2011, C created a collateral security right with regard to G apartment 202 of the second floor, G apartment 202, G apartment 202, located in Yong-Nam, Gangdong-gu, Seoul, Seoul, with the maximum debt amount, set up a collateral security right with D with C, the debtor, the mortgagee, and the mortgagee. On March 28, 2012, C additionally set up a collateral security right with regard to the above shopping building 202 against D, which was additionally set up on March 28, 2012.
C. On June 4, 2013, in order to secure C’s loan obligation, the Plaintiff, the mother of C, entered into a mortgage agreement with the Defendant, who is the spouse of D as designated by D, regarding the attached real estate owned by the Plaintiff (hereinafter “instant real estate”), with a maximum debt amount of KRW 100 million. On the same day, the maximum debt amount was KRW 10 million, received on June 4, 2013 from the Seoul East Eastern District Court, which was received on June 4, 2013, and the obligor and the mortgagee completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring real estate of this case”). D.
C repaid to D the same amount as that indicated in the “amount of repayment” table of the calculation of the annexed appropriation of performance.
E. D applied for a voluntary auction on July 2, 2014 with respect to the commercial buildings set forth above 202 on the ground that C had not repaid its debt, and D received KRW 100 million from the said voluntary auction procedure on May 8, 2015.
F. On August 8, 2014, the Defendant filed an application for voluntary auction with this Court I regarding the instant real estate; “The obligee, the obligor, the obligor, and the owner” as “the Plaintiff, the claim claim amounting to KRW 100 million; and accordingly, voluntarily auction the instant real estate on August 11, 2014.