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1. As to KRW 607,342,965 and its KRW 199,143,220 among the Plaintiff, the Defendant shall pay to the Plaintiff 16.0% per annum from April 9, 2015 to April 17, 2015.
Reasons
1. Facts of recognition;
A. On February 26, 2010, the Yangyang Livestock Industry Cooperatives (hereinafter referred to as the “Seoul Livestock Industry Cooperatives”) extended a loan of KRW 1,30,00,00 as of February 26, 201 with respect to the land (hereinafter referred to as the “instant loan”) located outside of five parcels, including the maximum debt amount of KRW 1,690,000,000,000, as against the Defendant’s land (hereinafter referred to as the “instant secured land”) located outside of Kimpo-si, Kimpo-si, and the registration of the establishment of a mortgage on the land (hereinafter referred to as the “instant secured land”).
B. The instant loan interest rate was 8.1% per annum at the time of lending, but was changed from May 26, 2010 to 7.9% per annum.
C. As the Defendant did not repay the loan after the due date, on April 16, 2012, the Yangyang Livestock Cooperative applied for an auction of the real estate related to the instant secured land to Incheon District Court Seocheon Branch C, and the said court accepted the said application and rendered a decision to voluntarily commence the auction on April 17, 2012.
In the above auction procedure, the pertinent secured land was permitted to be sold at KRW 1,111,11,00 for sale price on January 31, 2013. On April 12, 2013, both KRW 1,100,712,642, which was the actual dividends after deducting the execution cost, etc., were distributed to the Goyang Cooperative.
E. As of April 11, 2013, the day immediately preceding the date of the foregoing distribution, the amount of the high-sea conference claim was KRW 1,300,000,000, interest of KRW 36,296,711, and damages for delay, KRW 304,867,183. Unlike the general appropriation order, the High-sea Cooperative appropriated the total amount of the above dividends of KRW 1,100,712,642, and other returned amounts of KRW 9,028 for principal. On May 15, 2013, the amount of KRW 135,110 for the delivery fee of the above auction procedure was refunded and appropriated for principal.
F. On October 16, 2013, the Yangyang Livestock Cooperatives transferred the remaining portion of the above loan claims to the Plaintiff, and notified the Defendant of the said transfer on October 24, 2013.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 4, 5, 7, 9, 10, 13, and Gap evidence No. 12.