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1. Defendant A’s interest rate of KRW 817,775,712 and KRW 420,00,000 among the Plaintiff, from January 5, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On May 10, 2002, Defendant B purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from a future construction company on September 29, 2005, and completed the registration of ownership transfer thereafter. Defendant A married on January 19, 2005 with Defendant A, but divorced on June 9, 2009.
B. On June 8, 2007, AD Mutual Savings Bank lent KRW 420 million to Defendant A at the rate of 36 months of loan period, interest rate of KRW 10.5% per annum, and delay compensation rate of KRW 25% per annum. On March 22, 2013, the Plaintiff transferred the principal of the loan and the claim for delayed payment of accrued interest to the Plaintiff. On February 5, 2014, the Defendant notified the Defendant A of the purport of the assignment of the claim on February 5, 2014. The above notification reached the Defendant A around that time.
C. As of January 4, 2014, KRW 420 million of the principal of the loan and the interest delay damages therefrom, together with KRW 397,775,712 of the loan remains unrepaid.
As of the date of the closing of the instant argument, Defendant A is in a non-sufficient state.
[Grounds for Recognition]
1. Judgment made by deeming confessions (Article 208 (3) 2 of the Civil Procedure Act); Defendant
2. : Facts without dispute, Gap evidence 1, 3 through 6, Gap evidence 2-1, 2, Eul evidence 3, fact-finding to the Minister of Land, Infrastructure and Transport, and the purport of the whole pleadings;
2. According to the facts on the basis of determination as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff a total of KRW 817,775,712 (=420,000,000 and KRW 397,775,712) of the principal and interest of the loan remaining, etc. and the agreed delay damages at the rate of 25% per annum from January 5, 2014 to the date of full payment.
3. The Plaintiff’s judgment on the claim against Defendant B entered into a title trust agreement with Defendant A, the wife, for the purpose of evading the obligees’ compulsory execution, and then purchased the instant real estate from the future construction company without knowledge of such fact in the name of Defendant B and completed the registration of ownership transfer, the Defendant B’s ownership.