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1. The Defendant’s KRW 114,847,420 for the Plaintiff and KRW 5% per annum from November 16, 2017 to April 25, 2018.
Reasons
1. Basic facts
A. On March 15, 2013, the Plaintiff entered into a loan transaction agreement with the Defendant with the following contents, and paid KRW 625 million to the Defendant on the same day.
(hereinafter “instant loan contract”). The Defendant entered into a trust contract with the KB Real Estate Trust Co., Ltd. (hereinafter “trust company”) as a security for the said loan, and designated the Plaintiff as the first priority beneficiary, with respect to the B Apartment 101, 102, 103, 201, 202, 209, 301, 302, 309, 407, 409, 409, 508, 509, 609, and 709 (hereinafter “instant real estate”).
Loan amount: The starting date of loan of KRW 625 million: March 15, 2013: The agreed interest rate on March 15, 2014: 12% delayed interest rate: The due date and method of payment each month from the starting date of loan: the due date of payment every one month.
B. By March 15, 2014, the expiry date of the loan, the Defendant paid KRW 330 million out of KRW 625 million and did not repay the remainder KRW 295 million.
Accordingly, the Plaintiff and the Defendant extended the expiry date of the loan to KRW 295 million on June 15, 2014 for the remaining balance of the loan, and the extended loan expiration date was extended to August 15, 2014 as the Defendant did not repay even after the extended loan expires.
C. Although two times have been postponed, the Defendant failed to repay the loan, the Plaintiff requested a trust company to sell the instant real estate by public auction.
On November 6, 2017, a trust company paid 383,015,129 won to the Plaintiff, who is the first beneficiary, except property tax on the land owner, rents to the land owner, trust account, disposal fees, reserved money for the payment of litigation costs, etc. among the proceeds from the public sale of the instant real estate in this case, KRW 51,100 million.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 3, and 7, the purport of the whole pleading
2. The parties' assertion
A. The plaintiff's assertion.