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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 19, 2005, D organizations made loans to the Defendant on October 19, 2005 at the maturity of KRW 455,00,000 under the pretext of household general loans, with the maturity of payment on October 19, 2006, plus 2.75% of the Cdidi rate, with the interest rate of KRW 2.75%, and the delay interest rate of KRW 19% per annum
(Account Number G, hereinafter referred to as “instant loan”). (b)
D Organizations received the provisional attachment order for the Defendant’s real estate at KRW 524,945,045 on September 25, 2008 (the Jeju District Court Decision 2008Kadan3424, hereinafter “instant provisional attachment order”). The claims for the instant provisional attachment order include the remainder of the loans of KRW 178,00,000 and the interest or delay damages from December 20, 207 to August 28, 2008, including KRW 196,187,400, total of KRW 18,187,400.
C. D organization received dividends of KRW 47,202,970 on December 11, 2009 from the auction procedure (the Jeju District Court H and I) for real estate owned by the Defendant.
As of December 10, 2009, the principal of the loan of this case was KRW 178,00,000, interest or delay damages was KRW 57,206,104. D organization first appropriated the total amount of KRW 178,202,970 for the principal of the loan of this case, and the remainder was appropriated for the principal and expenses of separate bonds against the defendant of D organization.
Accordingly, only 57,206,104 won remains.
[Reasons for Recognition] Unsatisfy, Gap 1-9 evidence, Eul 5 evidence, the purport of the whole pleadings
2. Determination
A. 1) The balance of the instant loan 47,202,970 won, which was distributed by the D organization at the auction procedure on December 11, 2009, was appropriated for the principal out of the instant loan. As seen earlier, the instant loan 57,206,104 won remains for interest or delay damages. 2) The Defendant assumed the Defendant’s obligation to borrow the instant loan 400,000 won to D organization on December 29, 2006, and acquired the F’s obligation to borrow the loan 13,200,000 won to D organization on November 2, 2007, according to an agreement between the parties.