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1. Defendant B shall be KRW 100,000,000 from the Plaintiff and 30% per annum from November 27, 2009 to the date of full payment.
Reasons
1. Facts of recognition;
A. A. Around May 30, 2008, the Plaintiff (Before the opening of the name) borrowed KRW 300,000,000 from E from May 30, 200, and created a collateral security with a maximum debt amount of KRW 312,00,000 against E as joint collateral on the attached list 1 and 2 (hereinafter “instant real estate 1 and 2”) owned by the Plaintiff on the same day, and the Plaintiff (D prior to the opening of the name) did not repay the said debt amount. A voluntary decision to commence the auction was rendered on August 17, 2009 with respect to the instant real estate 1 and 2.
B. Accordingly, the Plaintiff decided to sell the instant real estate No. 1 to Defendant C, known to the general public, in order to raise the loan funds to Defendant C. On November 25, 2009, the Plaintiff entered into a sales contract with Defendant C with the purchase price of KRW 200,000 with respect to the instant real estate No. 1. On December 1, 2009, the Plaintiff completed the registration of ownership transfer on December 1, 2009.
C. In addition, the Plaintiff agreed to borrow KRW 100,00,000 from Defendant B, who is his father and wife of Defendant C, to raise the remainder of the loan, and on November 27, 2009, between Defendant B and Defendant B, “the Plaintiff shall be paid KRW 300,000,000 with the maximum debt amount for the instant real estate as well as the amount of KRW 300,000 with the maximum debt amount. In return for Defendant B’s investment, the Plaintiff shall be paid KRW 300,000 to Defendant B with the amount of KRW 20,00,000 with the principal and interest as well as the investment profits until November 26, 2010, with the amount of KRW 20,000 with the principal and interest as well as KRW 30,000 with the investment profits as well as KRW 300,000 with the agreement from November 26, 2012.”
On December 2, 2009, the Plaintiff concluded a registration of the establishment of a mortgage over the maximum debt amount of KRW 300,000,000 with the real estate owned by the Plaintiff as joint collateral on December 2, 2009.
E. The Defendants paid the sum of KRW 300,000,000 to E on November 25, 2009 and December 30, 2009, and E applied for voluntary auction on December 1, 2009.