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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 November 27, 2002, the Defendant borrowed 50 million won from Gi-2, Gi-dong community credit cooperatives at the rate of 7.9% per annum on Nov. 27, 2005, and at the rate of 20% per annum on Nov. 27, 2005 (hereinafter “the first loan”). On the same day, the Defendant borrowed 20 million won from Gi-dong community credit cooperatives at the rate of 10.25% per annum on Nov. 27, 2004, and at the rate of 20% per annum on Nov. 27, 2004.
(hereinafter “instant second loan”) b.
On November 21, 2002, the Defendant completed on November 21, 2002, the establishment registration of the mortgage (hereinafter “mortgage”) with respect to the land B and its ground buildings owned by Busan Northern-gu, Busan-gu, the maximum debt amount of which is KRW 80 million, in the 2nd century.
C. An incorporated money 2-dong community credit cooperative filed an application for voluntary auction with Busan District Court C as the secured debt for claims, such as the principal, interest, etc. of the loans Nos. 1 and 2 based on the instant collateral security. On May 8, 2004, the decision of voluntary auction was rendered. On November 2, 2005, each of the said real estate owned by the Defendant was sold, and the said real estate was distributed 57,162,273 won on December 13, 2005 at the auction procedure.
As of May 19, 2006, 50 million won among the above dividends was appropriated for the repayment of principal of the loan No. 1 of this case, and the remainder was appropriated for the second loan, etc. of this case, and the principal of the loan No. 2 of this case remains in KRW 12,860,434.
E. On March 13, 2012, 2012, the 2nd credit cooperative transferred the instant loans to the Defendant to the 2nd credit cooperative (the principal amounting to KRW 12,860,434 as of March 13, 2012). On January 25, 2013, the 2nd credit cooperative transferred the instant loans to the Defendant (the principal amounting to KRW 12,860,434, interest amounting to KRW 14,028,092, and KRW 18,227) to the Plaintiff, and notified the Defendant of the assignment of the instant loans by mail as of February 21, 2013.
grounds for recognition: there is no dispute.