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1. The defendant shall pay to the plaintiff the amount of KRW 63,393,398 and KRW 48,576,620 among them to the day of complete payment.
Reasons
1. The parties' assertion
A. On January 7, 2013, the Plaintiff lent KRW 80 million to the Defendant. On June 16, 2014, the Plaintiff settled the amount of KRW 50 million with interest at 30% per annum.
Under the agreement made on June 16, 2014, KRW 50 million and interest thereon shall be claimed at the rate of 25% per annum within the scope of the Interest Limitation Act from July 15, 2014 to the date of full payment.
B. The defendant 1 is not the debtor, but the debtor is the father of the defendant.
(2) The loan arrangement under the agreement dated June 16, 2014 has been completed by transferring the right to collateral security against D's right to lease on a deposit basis.
2. Facts of recognition;
A. On December 13, 2012, C is the father of the Defendant. 2) E, C, on December 13, 2012, borrowed KRW 80 million from the Plaintiff from the Plaintiff, and paid KRW 2 million monthly interest, and C, on December 13, 2012, deposited money into the Defendant’s account as the head of C, and provided to the Plaintiff.
3) On December 13, 2012, the Plaintiff deposited KRW 75,700,000 in the Defendant’s account and KRW 35,700,000 on December 17, 2012, and KRW 75,700,000 on January 4, 2013, the Plaintiff deposited KRW 45,70,000 on the Defendant’s account. 4) On January 8, 2013, the Seoul Central District Court deposited KRW 4749 (hereinafter “instant real estate”), the obligor C, the maximum debt amount of KRW 96,00,00 on the Defendant’s land and housing (hereinafter “instant real estate”).
B. On June 16, 2014, the Plaintiff filed an application for voluntary auction of the instant real estate based on the foregoing right to collateral security, and received a voluntary decision on commencement of auction on January 23, 2014 (Seoul Central District Court G). On June 16, 2014, C cancelled the registration of commencement of auction on June 20, 2014, and C also cancelled the registration of commencement of auction on June 20, 2014, as a proxy of B on June 16, 2014, the Plaintiff voluntarily withdrawn the application for auction of the instant real estate, while settling the transfer amount of D at KRW 50 million and interest rate at KRW 2.5%, and written confirmation.