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1. The Defendant’s KRW 297,852,798 as well as the Plaintiff’s annual rate from February 24, 201 to December 31, 2012.
Reasons
1. Basic facts
A. On December 13, 2002, the Defendant remitted KRW 925,000,000 to the Plaintiff. The Plaintiff wired KRW 1,000,000,000 on the same day to the account of Pakistan Co., Ltd., and deposited KRW 200,000,000 on December 18, 2002.
B. On December 14, 2002, the establishment registration of a mortgage contract was completed on December 13, 2002 with respect to each commercial building of 104, 116, 117, 118, 119, 121, 204, 206, 212, 303, 319, 323, 327, 419, 421, 524 of the E-building located in the Jung-gu Seoul Central District Court of Seoul, Jung-gu, and 12 lots of land (hereinafter “instant commercial building”).
C. Around August 2007, the Defendant asserted that C applied for a payment order against C by setting the payment period of KRW 1,500,000,000 on December 13, 2002 at KRW 1.5% on March 30, 2003 and the interest rate of KRW 1.5% on the date of repayment. Since C did not raise an objection against the payment order on September 13, 2007, the above payment order became final and conclusive on March 28, 2008.
On February 8, 2010, the Defendant filed an application for voluntary auction against the instant commercial building on the basis of the foregoing collateral security right, and on May 10, 201, the Seoul Central District Court was notified of the voluntary decision to commence auction. On February 24, 2011, the distribution schedule was prepared to distribute the principal amount of KRW 1,500,000,00 to the Defendant who filed a report on the claim of KRW 893,558,394 to the Defendant, among the instant commercial buildings, except subparagraph 118, 119, and 121 (excluding subparagraphs 118, 119, and 1219) of the underground first floor among the instant commercial buildings was not yet sold, and subparagraph 121 of the said table was already sold in a separate voluntary auction procedure (Seoul Central District Court H).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1 through 16, Gap evidence Nos. 2, 3, 8, and 9, the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff 1 and the defendant on December 13, 2002 asserted by the parties and 500,000,000 won of the plaintiff's money and the defendant's money 1,00,000,000.