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1. As to KRW 94,156,43 and KRW 62,356,513 among the Plaintiff, Defendant A shall be from July 8, 2015 to February 12, 2016.
Reasons
1. Determination as to the claim against Defendant A
A. 1) On October 8, 2010, the Plaintiff lent KRW 120 million to the Defendant A, and the interest rate was applied to the rate of change (2.5% per annum on the basis of the interest rate), and the rate of delay was agreed to be 18% per annum on October 8, 2014, and the rate of delay payment was 18% per annum. 2) The Defendant A only paid interest to the Plaintiff up to December 7, 2013, and lost the benefit due to the Plaintiff’s failure to pay the principal and interest thereafter.
3) As of July 7, 2015, the Plaintiff’s loan to Defendant A (i.e., the principal amount of KRW 151,79,920 in total) (i.e., KRW 120,00,000 in interest of KRW 31,79,920 in interest of KRW 120,00 in interest of KRW 31,79,920 in interest of KRW 129,920 in interest of KRW 4339 in interest of KRW 43,339 in interest of KRW 16529,439 in interest of KRW 439 in interest of KRW 165,7,643,487 in interest of KRW 162,356,513 in interest of KRW 62,513 in the process of the auction of D Real Estate in Korea-si, Namyang-si.
5) The criteria for light price in July 2015 are 3.89% per annum and the total agreement of 2.5% per annum is 6.39% per annum. [The facts that there is no dispute over the basis of recognition, Gap's entries in Gap's 1 through 3, 6, 9, 15, Eul's 1 through 3, and the purport of the whole pleadings.
B. According to the facts of the above recognition, Defendant A is obligated to pay to the Plaintiff the principal amounting to KRW 94,156,43 (i.e., KRW 62,356,513 overdue interest at KRW 31,79,920) and the principal amounting to KRW 62,356,513, which is the day following the day on which the payment of the claim was made by the Plaintiff from July 8, 2015 to February 12, 2016, as the Plaintiff seeks, 6.39% per annum under the above agreement and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
2. Determination as to the claim against the defendant B
A. Under the premise, Defendant B’s each of the instant real estate owned by Defendant A, as stated in the purport of the claim regarding one-half shares of each of the instant real estate, and the ownership transfer registration based on the “Sale on March 27, 2014” on March 28, 2014, respectively.