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1. As to the Plaintiff, the Defendant: 67,430,394 and KRW 45,540,394 among them, 2019
9. The interest rate shall be from 27. to 3.0:
Reasons
1. Basic facts
A. On October 28, 2014, the Defendant took out a loan of KRW 175,00,000 (hereinafter “instant loan”) from C Co., Ltd. (hereinafter “C”) at the rate of 19% for damages for delay, and as a security, completed the registration of creation of a neighboring mortgage covering KRW 210,000,000 with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant apartment”).
(hereinafter “instant No. 1 collateral security”). B.
On July 10, 2015, the Defendant borrowed KRW 20,000,00 (hereinafter “instant loan”) from D with interest rate of KRW 410,000 per month, and as security, completed the registration of creation of a neighboring mortgage with respect to the instant apartment owned by D with the maximum debt amount of KRW 30,000,000 with respect to the instant apartment owned by D.
(hereinafter “instant collateral security”) C.
C On September 21, 2017, based on the instant first collateral mortgage, filed an application for voluntary auction of the instant apartment (hereinafter “instant voluntary auction”) with the Jung-gu District Court E, and received a decision to commence voluntary auction on September 26, 2017.
D On October 25, 2017, the Plaintiff transferred the instant loan claim to the Plaintiff, and on the same day, the instant second collateral mortgagee changed from D to the Plaintiff from D to the Plaintiff.
E. On November 20, 2017, the Plaintiff subrogated for KRW 192,217,852 (i.e., principal KRW 173,829,937 interest KRW 15,083,55 and other KRW 3,304,360) for the Defendant’s instant loan to C. On the same day, C completed the additional registration for the transfer of the instant collateral security interest to the Plaintiff.
F. On November 20, 2017, the Plaintiff completed the registration of the pledge right of the first collateral collateral of this case with the maximum debt amount of KRW 210,000,000,000 to F Co., Ltd. (hereinafter “F”).
G. In the instant voluntary auction procedure, the instant apartment was sold on August 5, 2019.