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1. The Defendant shall pay to the Plaintiff KRW 27,435,013 and the interest rate of KRW 24% per annum from September 17, 2014 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff, through C on December 29, 2009, lent KRW 30,000,000 to the Defendant on December 29, 2010.
B. On December 30, 2009, the Defendant set up a collateral security right of KRW 45,000,000 for the maximum debt amount of KRW 45,00,000 under C with respect to the 200 square meters and E 636 square meters (hereinafter “each of the instant real estate”).
Since then, on February 19, 2013, the registration of transfer of the right to collateral security was completed on the ground of transfer of contract under the name of the Plaintiff.
B. As to each of the instant real estate, the Plaintiff filed an application for the auction of real estate rent with the Cheongju District Court AssistanceF, and received dividends of KRW 33,533,206 on September 16, 2014.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 5, the witness C's testimony and the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion 1) that the Defendant would have lent money to C, and C introduced the Plaintiff to the Defendant, and the Plaintiff, through C, lent KRW 30,000,000 to the Defendant at 2.5% per interest month. 2) As of September 16, 2014, the dividend date for each real estate in the auction procedure for each real estate of this case, the Plaintiff’s claim amount is KRW 30,000,000 per annum and the agreement calculated at the rate of KRW 30% per annum (2,460,273 per annum) from December 29, 2009 to September 16, 2014, which is the date of the lease.
The above dividends KRW 33,533,206 is first appropriated for the repayment of the agreed interest and delay damages, and the remaining interest and delay damages are KRW 8,927,067 (=42,460,273-33,533,206).
Therefore, the Plaintiff filed a claim against the Defendant for the payment of the principal of KRW 30,00,00 and the remainder of the agreed interest rate of KRW 38,927,067 plus KRW 8,927,067 and the principal of KRW 30,00,000,00,000, which is the day following the said dividend day, within the scope of the maximum interest rate under the Interest Limitation Act from September 17, 2014 to the day of full payment.
B. The defendant's assertion 1.