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1. The Defendant’s KRW 45,600,000 as well as 5% per annum from December 7, 2018 to February 18, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant’s interest rate of KRW 40,000,000 from Nonparty C on April 11, 2018
1. The loan was borrowed on October 10, 2018, 5% per annum, 24% per annum, and due date for repayment.
B. On April 12, 2018, the Plaintiff provided the Gangnam-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant real estate”) as security for the said claim upon the Defendant’s request, and completed the registration of the establishment of a neighboring mortgage to the obligor, Defendant, and the mortgagee C, with No. 68880 regarding the instant real estate as the receipt number of the instant claim.
C. On April 11, 2018, the Defendant did not pay the principal and interest of the loan to C at the time, and thus, the instant real estate was at risk of auction. Accordingly, on December 6, 2018, the Plaintiff paid KRW 45,600,000 of the loan principal and interest KRW 40,000,000 to C.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including evidence with a serial number; hereinafter the same shall apply) and the purport of whole pleadings
2. Determination as to the cause of the instant claim
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, who subrogated the Defendant’s debt to C, the obligee, the amount of KRW 45,60,000, and the amount of delay damages calculated at the respective rate of 12% per annum, which is the current legal rate, from the following day to the date of service of the copy of the complaint in this case, from December 7, 2018 to February 18, 2019; 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the next day to May 31, 2019.
B. As the Defendant paid KRW 3,500,000 among the above loans to the Plaintiff, it is alleged that this ought to be deducted from the above claim amount, and thus, in full view of the purport of the pleading, it can be acknowledged that the Defendant remitted KRW 3,50,000 to the Plaintiff on April 11, 2018, for which the Defendant received the instant loan from C.