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1. The monetary loan agreement concluded on February 13, 2015 between the Defendant and B shall be revoked within the scope of KRW 87,46,597.
Reasons
1. Facts of recognition;
A. On April 25, 2002, the Plaintiff filed a claim for reimbursement against B with the Daegu District Court Decision 2001Gapo258046, and rendered a judgment that “B shall pay to the Plaintiff 12,364,146 won and interest calculated at the rate of 19% per annum from August 18, 2001 to the date of full payment,” and the said judgment was finalized on May 27, 2002.
(B) The Plaintiff’s claim based on the above judgment (hereinafter “instant claim 1”).
On January 22, 2003, the Plaintiff filed a claim for reimbursement against B by Busan District Court Decision 2002Gau490518, and was sentenced to the judgment that “B shall pay to the Plaintiff 16,268,654 won and interest calculated at the rate of 19% per annum from September 14, 2001 to December 26, 2002, and 25% per annum from the next day to the date of full payment.” The above judgment was finalized on February 20, 203.
(2) As of November 6, 2015, the Plaintiff’s claim under the foregoing judgment is KRW 48,079,630 (principal principal KRW 12,133,592 KRW 35,96,038).
C. On April 9, 2012, the Plaintiff filed a claim for reimbursement against B with Seogu District Court Branch 2012Gaso26174 on December 12, 2012 for the extension of the prescription period for the instant claim No. 1, the Plaintiff was sentenced to the judgment that “B shall pay to the Plaintiff 34,525,367 won and 10,697,581 won with interest of 19% per annum from April 5, 2012 to the day of full payment,” and the said judgment became final and conclusive on January 4, 2013.
As of November 6, 2015, the instant Claim Nos. 1 is KRW 39,744,500 in total ( principal KRW 10,697,581 in delay damages) and KRW 29,046,919 in total.
B In excess of the debt, B entered into a monetary loan agreement with the Defendant on February 13, 2015 at an interest rate of 20% per annum and on February 20, 2015 (hereinafter “instant loan agreement”). On the same day, a notary public shall delay the payment of the said loan obligation under the deed No. 87 of Korea-style Law Firm 2015.