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1. The money loan agreement concluded on November 22, 2013 between the Defendant and Nonparty C is within the limit of KRW 40,692,49.
Reasons
1. Basic facts
A. On March 8, 2013, the Plaintiff loaned KRW 36,00,00 to C with a loan period of KRW 48 months, interest rate of KRW 27.49% per annum, and equal repayment method of principal and interest. Since February 3, 2014, C delays repayment of the principal and interest from February 3, 2014, and as of October 14, 2014, the principal and interest of the loan is KRW 40,692,49.
B. On November 22, 2013, the Defendant and C drafted a monetary loan agreement on August 22, 2013 (hereinafter “instant authentic deed”) signed on November 22, 2013, stating that “The Defendant leased KRW 79,50,000 to C on November 30, 2013, at the rate of 12% per annum, and at the rate of delay delay interest rate of 20% per annum, and if C fails to repay the said loan obligation, it was immediately recognized that there was no objection to compulsory execution.” The Defendant and C signed the said monetary loan agreement on November 22, 2012.
C. On December 3, 2013, the Defendant filed a claim attachment and assignment order (hereinafter “instant assignment order”) with the court No. 2013T as to KRW 83,907,917 among the claim (hereinafter “instant claim”) such as wages, retirement allowances, etc. against C (hereinafter “E”) with the title of execution of the instant authentic deed against C on December 3, 2013, and received the assignment order from the above court on December 4, 2013. The instant assignment order became final and conclusive at that time.
C retired on April 1, 2014. In accordance with the instant assignment order, the Defendant received KRW 66,012,745,00,000,000,000 from E, in total, KRW 6,108,115, and KRW 59,904,630, as retirement pay on April 17, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, and 9, fact-finding results of this court's fact-finding, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion C, in collusion with the Defendant, prepares the instant notarial deed based on the monetary loan agreement in excess of the debt.