beta
Text
1. The Defendant’s annual interest in KRW 60,164,792 and KRW 52,255,824 among the Plaintiff, from September 4, 2014 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On October 31, 200, the Defendant obtained a loan from Han Bank Co., Ltd. (hereinafter “I Bank”), and completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the property of Han Bank, Han Bank, the maximum debt amount of 78 million won, as to the property of Seo-gu, Daejeon-gu, Seoul Building No. 444 and 445 (hereinafter collectively referred to as “instant real estate”) owned by the Defendant, with the loan obligation as the secured debt.
B. The Defendant borrowed from Han Bank KRW 7.7% per annum on October 30, 201, KRW 20 million per annum, KRW 19% per annum on delay damages, and KRW 12.4 million per annum on February 28, 201, at the interest rate of KRW 17% per annum, KRW 19% per annum on delay damages. The Defendant borrowed KRW 9.29% per annum on August 30, 201, KRW 9.29% per annum if the overdue period is less than three months, and KRW 19% per annum if the overdue period is more than three months.
C. On April 21, 2011, Han Bank transferred the instant right to collateral security along with the secured claim (hereinafter “Mez securities”) and completed the registration of transfer of the instant real estate on August 11, 201 with regard to the instant real estate due to the transfer of the said finalized claim.
On April 27, 2012, Mez securities transferred the instant right to collateral security along with the secured claim to a limited company, and completed the registration of transfer of the right to collateral security with the due person’s personal seal (hereinafter “regular personal seal”) on May 1, 2012 regarding the instant real estate on the ground of the transfer of the said finalized claim.
E. On April 27, 2012, the Plaintiff: (a) drafted a monetary loan agreement that loans KRW 78 million from the due date set at 3% of interest per month; and (b) July 26, 2012; and (c) entered into on May 1, 2012, the said monetary loan agreement with respect to the instant real estate.