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1. The judgment of the court of first instance is modified as follows.
The Daegu District Court's Sung Branch B real estate auction case.
Reasons
1. Basic facts
A. On October 13, 2010, the Defendant: (a) obtained a loan from the Plaintiff as security; (b) as to the instant real estate, the Daegu District Court’s Gun registry office received on October 13, 2010 the maximum debt amount of KRW 6,500,000 from the Plaintiff, the Defendant completed the registration of creation of the right to collateral security (hereinafter “instant collateral security”) with regard to the instant real estate as the Plaintiff as the receipt of the maximum debt amount of KRW 12349, Oct. 13, 2010.
B. On October 15, 2010, the Defendant entered into a loan transaction agreement with the Plaintiff (hereinafter “instant loan transaction agreement”) and borrowed KRW 5,000,000 from the Plaintiff on October 18, 201.
Article 1. Commencement Date of Loan of Terms and Conditions: Interest rate on October 18, 2010: 8.5% per annum (change, base rate of 2.5%) interest rate: 17% per annum: The maximum repayment method and method of payment of interest: 17% per annum from the date at which the loan comes first: The first interest shall be repaid in installments every one month from the date at which the loan comes first, the first interest shall be paid within one month from the date at which the loan comes first, and the later interest shall be paid within one month from the date at which the last day of the calculation of the interest paid, and within one month from the day after the last day of the payment of the interest paid.
(2) Where a person fails to perform his/her obligation on the expiration date of the lending period or loses the benefit under Article 7 of the Framework Terms and Conditions for Credit Transactions by community credit cooperatives, he/she shall pay damages for delay to the balance of
C. In accordance with the loan transaction agreement of this case, the Defendant paid the principal and interest on installment repayment calculated from November 18, 201 to July 18, 201, as listed below, pursuant to the loan transaction agreement of this case.
(unit: 11-18,11-18, 170,000 36,090 206,090 4,830,00-12-18,12-18,12-18,000 138,000 33,740 171,740 4740 4,692,692,001-118-18,138,000 33,930 171,930 4,54,54,001-2-138,00 138,00;