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1. The Defendant shall pay to the Plaintiff KRW 453,907,781 and the interest rate of KRW 15% per annum from September 27, 2017 to the day of full payment.
Reasons
1. Basic facts
A. On July 1, 2011, the Defendant borrowed KRW 900 million from Han Bank Co., Ltd. (hereinafter “I Bank”), from July 1, 201 to December 1, 2015, at the rate of 15% per annum, from July 1, 2011, and on the same day, set the amount of KRW 2810 square meters per annum (hereinafter “instant real estate”) prior to Gangseo-gu Seoul Metropolitan Government, and set up a collateral security right with regard to KRW 4420 square meters per annum (hereinafter “instant 2 real estate”) prior to D prior to D, with a maximum debt amount of KRW 1 billion,80,000,000,000,000 for the debtor, the Defendant, and one-mortgage bank.
B. On February 14, 2012, the Defendant: (a) borrowed 200 million won from one bank from February 14, 2012 to November 14, 2015 at a rate of 15% per annum; and (b) on the same day, each of the said real estates (hereinafter “each of the instant real estates”) as the maximum debt amount, KRW 240 million with respect to each of the instant real estates (hereinafter “each of the instant real estates”); and (c) created a collateral security with respect to each of the instant real estates as the debtor and the Defendant-mortgage bank.
C. On May 30, 2013, the Defendant borrowed 100 million won from one bank from May 30, 2013 to November 28, 2015 at a rate of 15% per annum. On the same day, each of the instant real estate was created and provided as a collateral security with a maximum debt amount of 120 million won, the debtor, the defendant, and one bank for the mortgagee.
(hereinafter referred to as “each of the instant collateral security”) D.
Until January 5, 2016, Han Bank filed an application for voluntary auction with Seoul Southern District Court E on January 11, 2016 as the Defendant delayed the repayment of each of the above loans, and the said court rendered a voluntary decision to commence the auction of each of the instant real estate on January 12, 2016.
E. On May 3, 2016, Han Bank entered into an asset acquisition agreement, including interest bonds of KRW 1175 million and interest bonds of KRW 56,107,781 (hereinafter “instant bonds”) with the Defendant with respect to each of the above loans to the Defendant, on January 4, 2016, and instead, L&A Co., Ltd.