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1. The Defendants each of the KRW 2,901,524 and each of them shall be 7.68% per annum from May 30, 2020 to the date of full payment.
Reasons
1. Facts of recognition;
A. On October 21, 2010, the Plaintiff obtained a loan of KRW 270,000,000 from the D Association, and rendered to the D Association the establishment of a collateral security right with a maximum debt amount of KRW 351,00,000 for E No. 18th E (hereinafter “instant real estate”).
B. On October 14, 2016, the Plaintiff entered into a sales contract with the Defendants on the instant real estate with respect to the following terms. On October 26, 2016, the Plaintiff completed the registration of ownership transfer with respect to 1/2 shares of each of the instant real estate to the Defendants.
① The sales price is KRW 390,000,000,000, which is stated in the sales contract as KRW 390,000,000, but the actual transaction amount is KRW 330,000,000.
The remainder of KRW 270 million, excluding the down payment and intermediate payment KRW 60 million, shall be paid by the Defendants in the manner of taking over the Plaintiff’s loan obligations against Daehan.
(2) A mortgage (the debtor, the plaintiff, the mortgagee-mortgaged association, and the principal of the loan amounting to 270 million won). (3) The loan shall be succeeded immediately after the change of ownership.
④ By October 13, 2016, the Plaintiff paid the interest on the loan, and the interest on the loan thereafter shall be borne by the Defendants.
C. The Defendants intended to take over the Plaintiff’s obligation of collateral security, but pursuant to the guidance of the D Association, “it is impossible to take over the obligation when trading as collateral for excess loans.” On October 21, 2017, the Plaintiff and the Defendants entered into a water guarantee agreement with D Association and the said loan amounting to KRW 200 million, and a water guarantee agreement changing the collateral offerer to the Defendants.
The Defendants did not pay the interest on the above loan interest, and upon the request of the DDR, the auction procedure of the instant real estate was initiated as Incheon District Court Branch G on April 24, 2019.
E. At the above auction procedure, D Association submitted a claim statement with the overdue interest rate of 7.68% per annum. On May 29, 2020, the auction court prepared a distribution schedule with the content that it distributes the entire amount of KRW 214,162,212 to D Association. The remaining principal of the bonds of D Association after the distribution is 5,803.