대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On June 12, 2006, the Plaintiff issued a cashier’s check in KRW 50 million from the D Bank account and delivered it to E.
The check was paid on June 14, 2006 at the office of the F Bank’s Compact calendar.
B. From July 10, 2006 to January 9, 2008, E deposited KRW 750,000 per month to the Plaintiff.
(excluding November 2006 and December 2007) c).
On February 9, 2007, the Defendant issued to G (H) a letter of confirmation that “The amount of KRW 50 million,000,000,000,000,000,000,000 won, excluding KRW 50,000,000,000 of the collateral security (provisional registration) of the I Apartment G (owner: G), out of KRW 100,000,00 in cash storage, to E.
Meanwhile, the Seodaemun-gu Seoul Metropolitan Government I apartment J (hereinafter “instant apartment”) owned G. On December 23, 2003, K, the Defendant’s wife, made a provisional registration of the right to claim ownership transfer registration on the ground of sale and purchase reservation on December 22, 2003, but cancelled on October 21, 2005 (G paid KRW 55 million to K on October 20, 2005) (the G paid KRW 155 million to K), with respect to the instant apartment, on April 10, 2002, the maximum debt amount of FF Co., Ltd. was 156,000,000,000, and G appears to have cancelled the provisional registration on October 20, 2005, on the ground that the mortgage registration was completed at the same time with the maximum debt amount of KRW 280,000,000,0000,000.
In other words, on November 28, 2005, the defendant filed a provisional registration on November 1, 2005 with respect to the apartment of this case on the ground of sale reservation, and on January 2, 2006, the defendant revoked the above right to collateral security on April 24, 2007, when the defendant registered the establishment of the mortgage over the maximum debt amount of KRW 400 million with respect to the debtor, the plaintiff, the defendant, and E as joint mortgagee on January 2, 2006, with H as to the maximum debt amount of KRW 480 million. < Amended by Act No. 7890, Feb. 20, 2006>
G on October 18, 2006, G shall be the maximum debt amount of October 27, 2006.