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1. As to KRW 72,885,672 and KRW 68,415,458 among the Plaintiff, Defendant A’s year from May 8, 2017 to July 3, 2017.
Reasons
1. Basic facts
A. (1) On August 4, 2014, the Plaintiff entered into a credit transaction agreement with Defendant A (the representative director of Defendant D Co., Ltd.) to provide loans for small and medium enterprise loans, credit amounting to KRW 50,000,000,000, and the expiration date of the credit. The Plaintiff entered into a credit transaction agreement with Defendant A (the representative director of Defendant D Co., Ltd.) with 11% per annum.
(2) On July 16, 2015, the Plaintiff entered into a credit transaction agreement with Defendant A on July 15, 2015, setting forth a loan for small and medium enterprise loans, credit amount of KRW 200,000,000, July 15, 2016, and overdue interest rate of KRW 11% per annum, and implemented the loan.
B. (1) Defendant A lost the benefit of time due to delay in paying the principal and interest of loans on September 16, 2016.
(2) As of May 8, 2017, the outstanding principal amount is KRW 68,415,458, and the outstanding interest amount is KRW 4,470,214.
C. (1) On August 22, 2016, Defendant A entered into a joint mortgage agreement with Defendant A and D (hereinafter “Nonindicted Company”) regarding each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as to each of the real estate (hereinafter “the instant real estate”) indicated in the separate sheet with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on August 22, 2016, with the debtor, Defendant A and the joint mortgagee, Defendant Company, the joint mortgagee, and the maximum debt amount of KRW 150 million (hereinafter “instant mortgage agreement”). The Suwon District Court completed the registration of establishment of mortgage (hereinafter “registration of creation of mortgage”).
(2) On January 6, 2014, prior to the completion of the registration of creation of a neighboring mortgage of this case, the Plaintiff had registered the joint creation of a mortgage of each of the instant real estate with a maximum debt amount of KRW 100 million in order to secure other claims against the non-party company. However, upon the Plaintiff’s request for auction based on the foregoing right, each of the instant real estate was sold to a third party, and the auction court distributed KRW 41,563,387 to the Defendant Company on February 26, 2019.