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1. Defendant B shall pay 160,000,000 won to the Plaintiff and 24% per annum from September 20, 2018 to the date of full payment.
Reasons
According to the evidence No. 1-1 and No. 2 of the claim No. 1-2 against Defendant B, the Plaintiff is obligated to pay damages for delay calculated by the rate of KRW 160,000 per annum from September 20, 2018 to the day of full payment (=24% per month x 12 months) on July 20, 2018, on the ground that the Plaintiff’s loan of KRW 160,000 to Defendant B is recognized, and Defendant B is obligated to pay damages for delay calculated by the rate of KRW 160,000 per month from July 20, 2018 to the day of full payment, as the Plaintiff seeks.
The plaintiff's assertion against the defendant C is deemed to have entered into a false rental agreement in collusion with the defendant C without paying a lease deposit. Thus, the plaintiff's assertion against the defendant C is not in the position of the lessee of the house in
Even if the status of the lessee is recognized to Defendant C, although the multi-household housing building in which the instant housing is located is marked as “Ddong” on the certified copy of the register and the building management ledger, Defendant C’s resident registration is not a valid publication method as “Edong F,” and thus, Defendant C’s right to lease the instant housing does not have opposing power and preferential right to payment.
The Plaintiff, as a mortgagee of the instant housing, seeks confirmation that Defendant C is not in the leased status of the instant housing in order to receive senior dividends at the auction procedure of the instant housing.
Judgment
According to the purport of Gap evidence 2-2, Gap evidence 4-1, Eul evidence 1-2, Eul evidence 18, and Eul evidence 1-2, as a result of the order to submit financial transaction information to Eul corporation, the whole pleadings, and the purport of the whole pleadings, defendant C entered into a lease agreement with H who was the owner of the instant house as of May 17, 2018 to lease the instant house until May 30, 2020 with the lease deposit amount of KRW 29,000 as of May 30, 2020, defendant C acquired the fixed date on May 25, 2018 and resided in the address of the instant house as of May 31, 2018 with "Edong F," and defendant C loaned loans from Eul corporation on May 31, 2018.