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1. Defendant A’s interest rate of KRW 61,655,370 and KRW 40,000 among the Plaintiff’s interest rate of KRW 61,65,370 shall be from December 7, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On October 5, 2012, the Plaintiff loaned KRW 40 million to Defendant A as follows. On October 5, 2012, Defendant A lost the benefit of time due to Defendant A’s failure to pay the interest, etc. on the loan from May 2014 to pay the interest, etc. on the loan, the due date of the agreement on the loan of KRW 40 million,000,000,000 for the general household loan of KRW 4.18% on October 5, 2012.
3) As of December 6, 2017, the principal and interest of the above loan is KRW 61,655,370 in total (the principal amount of KRW 40 million, KRW 2070,713 in total before incorporation, and KRW 19,584,657 in interest interest accrued. (B) Defendant A entered into a sales contract between Defendant A and Defendant B. (i) Defendant A entered into a sales contract between Defendant A and Defendant B on February 19, 2014 with respect to real estate stated in the separate sheet (hereinafter “instant apartment”). Defendant A entered into a ownership transfer registration (hereinafter “instant ownership transfer registration”) based on the sale on February 17, 2014 (hereinafter “instant apartment”).
2) Defendant A had no particular property other than the instant apartment. (c) At the time of the instant sales contract for the cancellation of the right to collateral security, the establishment registration of the instant apartment was completed on October 29, 2013, including the maximum debt amount of KRW 127,00,000,00, and the establishment registration was completed on June 13, 2014, which was following the instant sales contract. However, the said establishment registration was revoked on June 13, 2014 (based on recognition, ① Defendant A: (1) was based on recognition; (2) the facts that there was no dispute; (1) the statement in the evidence No. 1-4, No. 1-1, No. 8; (1) the fact inquiry about the head of Daegu Metropolitan City head of the Singu Metropolitan City, the purport of the entire
2. As to the claim portion against Defendant A, Defendant A is obligated to pay to the Plaintiff 61,655,370 won (the principal and interest of loans as of December 6, 2017) and damages for delay calculated at the agreed interest rate of 15% per annum from December 7, 2017 to the date of full payment.
3. Determination as to the claim against the defendant B
(a)the establishment of a fraudulent act exceeds one debt;