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1. Defendant B shall pay to the Plaintiff KRW 385,00,000 and the interest rate of KRW 15% per annum from May 9, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On September 1, 2016, the Plaintiff loaned KRW 360 million to Defendant B, the due date of which was September 2, 2015, to Defendant B (hereinafter “instant first loan agreement”); and Defendant B lent KRW 2.4 million from September 24, 2015 to January 26, 2016 (hereinafter “instant second loan agreement”); and Defendant B repaid KRW 179 million in relation to the instant second loan agreement.
B. On September 10, 2015, the Plaintiff obtained from Defendant B the right to collateral security (hereinafter “the instant forest”) established on the Chungcheongnam-gun, Geumsan-gun, and seven parcels (hereinafter “the instant forest”). On September 10, 201, the instant forest was registered to collateral security (F) with priority over the instant forest.
C. On August 22, 2016, Defendant B entered into the instant contract with Defendant Trust Company on the instant real estate with G Co., Ltd. and the beneficiary as Defendant B, and completed the registration of ownership transfer with Defendant Trust Company.
On the other hand, at the time of August 22, 2016, the instant real estate was respectively established on March 2, 2015, with the content of KRW 445,200,000, the amount of the right to collateral security, the maximum debt amount of KRW 445,200,00,000, which is the mortgagee, the Korea Housing Finance Corporation (hereinafter referred to as the “Financial Corporation”), the maximum debt amount of KRW 75,000,000,000, which is the mortgagee, and the maximum debt amount of KRW 75,500,000,000, which is the mortgagee, respectively. However, each of the right to collateral security, the mortgagee of which was the mortgagee, was revoked on August 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 7, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. According to the facts established prior to the determination of the allegation on loans, Defendant B borrowed a total of KRW 564 million to the Plaintiff, and paid only KRW 179 million among them, and thus, remaining KRW 385 million.