손해배상(기)
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. The Plaintiff lent money to D as the name of restaurant operation fund, etc. The Plaintiff was unable to receive KRW 200,000,000 as of March 14, 201. The Plaintiff received a notarial deed as of March 14, 2011 from D, which was issued by a notary public as of March 14, 2011, pursuant to the No. 209 of D’s No. 200,000,000 from the Plaintiff on March 14, 201, and KRW 100,000 among this notarial deed was borrowed from the Plaintiff on March 14, 201, and KRW 100,00,000 from the Plaintiff on March 14, 201, the Plaintiff received KRW 200,000 from the Plaintiff on March 14, 201, including the remaining KRW 100,000,000 from the Plaintiff’s loan to 200,000.
Accordingly, D agreed to the Plaintiff to complete the registration of creation of a mortgage over KRW 338,00,000 with respect to the maximum debt amount of KRW 338,00,00 with respect to ① 119 square meters owned by the Plaintiff, ② E, F 33 square meters, ② 1/2 shares in housing and stores with 1/2 shares (the 1/2 shares in Ghana shall be owned by H), and ③ G 10 square meters (hereinafter collectively referred to as “each real estate of this case”).
3) On July 13, 2012, D: (a) performed the Plaintiff on July 13, 2012 with a loan agreement of KRW 260,000,000; (b) the interest rate of KRW 2% per month; and (c) overdue interest of KRW 25% per month; (d) the Plaintiff and each of the instant real estate on the same day were written with a loan agreement of KRW 338,00,000 with respect to each of the instant real estate, which became the Plaintiff as the obligor D and the Plaintiff as the mortgagee (hereinafter “instant mortgage agreement”).
(A) (A) 4) The Plaintiff lent KRW 60,000,000 to D, and the Plaintiff delivered KRW 10,000,000 to D as a check on the day of the instant mortgage agreement, and on July 19, 2012, paid KRW 30,000,000 and KRW 20,000,000 to the designated deposit account from D respectively.
B. The plaintiff against the defendant B.