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1. The Defendant shall pay to the Plaintiff KRW 45,071,009 and the interest rate of KRW 24% per annum from November 14, 2013 to the day of full payment.
Reasons
1. Facts of recognition;
A. On February 4, 2010, the Plaintiff deposited KRW 50 million into the Defendant’s account with the introduction of C, and thus, the Plaintiff lent the above amount to the Defendant 2% of interest per month and the due date until May 4, 2010. The Defendant issued a promissory note No. 164, which was issued to the Plaintiff, the payee’s amount of face value KRW 70 million, and the due date on May 4, 2010, to secure the obligation of the above loan and interest. The Defendant issued a promissory note No. 164, which was issued by the notary public’s office on the same day as of May 4, 2010.
(hereinafter “instant loan obligation”) B.
On the other hand, C borrowed money from the Plaintiff several occasions. On October 27, 2011, in order to secure the Defendant’s debt of KRW 100 million against the Plaintiff and the Defendant’s debt of KRW 50 million against the Plaintiff, C entered into a mortgage contract with the Plaintiff, including the maximum debt amount of KRW 150 million with respect to the land and building owned by C, Jongno-gu, Seoul E. 92.6 square meters, and the maximum debt amount of KRW 100 million with respect to each of the above real estate. On the same day, C, the issuer issued a promissory note with respect to the Plaintiff, the payee, the face value of KRW 20 million, the date of issuance, and the date of payment on October 27, 2012, and on October 28, 2011, the Plaintiff completed the registration of the establishment of a neighboring mortgage on each of the above real estate.
C. The Seoul Central District Court F. As to the above land and buildings owned C, the auction procedure for real estate rent was conducted, and the Plaintiff submitted to the above court a claim statement stating that the Plaintiff has a total of KRW 209,079,450 (24% per annum from March 25, 2012 to November 13, 2013; KRW 150,000 x 0.24 x 599/365 x 59/365) with respect to the Plaintiff’s claim amount.
C. On November 13, 2013, the date of distribution of the auction procedure, the Plaintiff received dividends of KRW 73,866,423 as a mortgagee.
【Ground for Recognition: Descriptions of Evidence A 1 to 8-5, witness C’s partial testimony, the purport of the whole pleadings】
2. Determination
(a)the cause of the claim;