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1. The defendant shall pay 130,000,000 won to the plaintiff and 20% per annum from September 5, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. On July 3, 2009, Nonparty C borrowed KRW 200 million from the Defendant at 2.5% (42% per annum) per annum on July 3, 2009 (hereinafter “instant loan 1”).
In order to secure this, each real estate listed in paragraphs 1 and 2 of the [Attachment 1] List of Real Estate (hereinafter “Real Estate List”) shall be the Defendant’s “Real Estate Nos. 1 through 6” in sequence.
2) The establishment registration of a mortgage (hereinafter “registration of creation of a mortgage on the first place of the instant case”) is based on the establishment registration of a mortgage (hereinafter “registration of creation of a mortgage on the first place of the instant case”) with respect to the first and second real estate on the same day, which was based on the contract to establish the mortgage on the same date.
(C) A promissory note of KRW 260,000,000 in face value (hereinafter “instant Promissory Notes”).
(2) On July 8, 2009, C extended a loan of KRW 270 million from the Defendant with interest rate of KRW 2.5 million (42% per annum) (hereinafter “instant loan”). To secure this, C agreed to set up a collateral on the instant 1 through 6 real estate and thereafter, the Defendant future on the same day, and on the same day, on the instant 1 and 2 real estate, the maximum debt amount of KRW 390 million based on the contract to set up the collateral on the same date (hereinafter “the instant 2-1 mortgage establishment registration”), and on the instant 3 through 6 real estate, the registration of creation of a collateral (hereinafter “the instant 2-2 mortgage establishment”) was completed on the basis of the agreement to set up the collateral amount of KRW 390,000,000 on each of the instant 3 to 390,000,000 won (hereinafter “the Promissory Notes”).
3. After that, on September 30, 2009, C between the Defendant and the financial institution, provided the real estate of this case Nos. 3 through 6 as collateral between C and the financial institution.