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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. On June 23, 2014, the Plaintiff leased KRW 65,00,00 to the Defendant 2% of interest per month and the due date on September 22, 2014. On the same day, the Plaintiff was granted a provisional registration security right on the instant apartment (hereinafter referred to as “instant apartment”) Nos. 102, 602, and 102, and 605, which are owned by the Defendant as security for the foregoing loan claim.
From June 23, 2014 to August 22, 2014, the Plaintiff received a total of KRW 2,600,000 as agreed interest for the period from the Defendant, and separately received KRW 7,50,000 on December 15, 2014, KRW 25,000,000 on March 25, 2015, and KRW 42,500,000 on March 11, 2015, the Plaintiff received reimbursement of KRW 10,000,000 on March 11, 2015, which was appropriated for the repayment of the principal and interest for the loan.
The Plaintiff exercised a provisional registration security right against the instant apartment Nos. 102, 602, and 18,280,676 won as the priority dividend creditor on October 27, 2015, when the Defendant had failed to repay the above loan debt, and accordingly, was distributed from the auction procedure for real estate rental (Seoul District Court Branch Branch D) to the real estate rental auction procedure (U.S. Branch D) commenced.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the factual basis prior to the determination of the cause of the claim, the Plaintiff’s claim for the principal of and interest on the loan as of October 27, 2015, as of October 27, 2015, is KRW 28,829,508 [22,50,000 of the principal = (65,000 won - 42,500,000 of the principal - 42,50,000) + 6,329,508 won [22,50,000 won x 0.24 x 0.24 x 63/3666), remaining principal 22,50,000 won of the principal and interest on the loan of the Plaintiff [22,50,000 won] as of August 26, 2014 to October 27, 2015, the Plaintiff did not claim damages for late repayment in the order of repayment in addition to the agreed amount.