beta
Text
1. A mortgage agreement concluded on July 26, 2017 between the Defendant and B on the motor vehicles listed in the separate sheet.
Reasons
Facts of recognition
A. On June 17, 2016, the Plaintiff determined KRW 39,000,000 as interest rate of KRW 6.99% per annum and interest rate of KRW 24% per annum and lent to B, respectively.
As above, the Plaintiff agreed that B shall pay the principal and interest of B during a 60-month period from July 20, 2016 to June 20, 2021, and that the principal and interest of B shall be repaid in equal installments, but if the installment repayment amount is not paid within 30 days from the due date, the Plaintiff shall lose the benefit of time.
B did not pay the amount of installment repayment to the Plaintiff within 30 days from the due date, thereby losing a benefit of time on July 20, 2017, and B’s debt to the Plaintiff is 32,247,772 won as of September 7, 2017 as principal, interest and interest interest interest.
B. On July 26, 2017, immediately after the Defendant’s loss of the benefit of time, B entered into a mortgage contract between B and the Defendant on July 26, 2017 (hereinafter “instant mortgage contract”) whereby B would create a mortgage over an automobile listed in the separate sheet owned by B (hereinafter “instant automobile”) with a claim amounting to KRW 17,00,000,000, and the mortgage registration (hereinafter “registration of mortgage creation”) was completed on the same day.
C. B at the time of entering into the instant mortgage contract, at the time of entering into the instant mortgage contract, was liable for the amount equivalent to KRW 32,247,772 as stated in the instant claim against the Plaintiff; the Defendant’s loan obligation equivalent to KRW 17,05,000 as principal; the loan obligation to the Defendant; the amount equivalent to approximately KRW 17,05,000 as principal; the Defendant’s loan obligation to Hyundai Capital Co., Ltd.; Korean card Co., Ltd.; Samsung Card Co., Ltd.; KB National Card Co., Ltd.; and the KB National Card Co., Ltd.; and the amount equivalent to KRW 11,587,00 as total amount of credit card usage fee to Ga Card Co., Ltd.; however, the Plaintiff did not own any property other than the instant automobile; and the market value at the time of the instant automobile was below
B As such, B shall be subject to this.