대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 2, and 7 may be admitted by taking into account the whole purport of the pleadings:
On September 10, 2010, the Defendant issued and delivered a loan certificate to the Plaintiff, stating that “The Defendant shall borrow 3% interest rate of KRW 10,000,000 on a monthly basis, and on September 10, 2015, part of the facility premium of the second floor among the facility premium of the building (hereinafter “the building of this case”) in Bupyeong-gu, Nowon-gu, Seoul (hereinafter “the building of this case”) shall be the loan money, and if the lessee D fails to cooperate with the owner of the building of this case, a lease contract of KRW 5,00,000 shall be null and void if it is impossible to conclude a lease contract of KRW 5,00,000 between the owner of the building of this case and the owner of the building of this case (hereinafter “the loan certificate of this case”).”
B. On September 18, 2012, the Plaintiff remitted KRW 20,000,00 to the deposit account in the name of the Defendant, and the Defendant, E, and D prepared and delivered a loan certificate to the Plaintiff on the same day to the effect that “The Defendant, E, and D shall borrow KRW 20,000,000 on a monthly basis and December 30, 2012 with the maturity of payment; Defendant, E, and D shall jointly and severally pay the above loan with the highest priority in terms of financial loans, sales amount, sales amount, sales amount, and sales amount arising in connection with the real estate located in the Republic of Korea, Bosung-gun, Bosung-gun, and real estate located in Yongsung-gun, as security for the above loan obligation” (hereinafter “the loan certificate”).
2. Summary of the parties' arguments;
A. On September 10, 2010, Plaintiff 1: (a) received and delivered the instant loan certificate; (b) leased KRW 10,000,000 to the Defendant under an agreement with each other on September 10, 2015; and (c) the period of repayment was September 10, 2015; (b) the Plaintiff was issued and delivered the instant loan certificate; and (c) the Plaintiff leased KRW 20,000,000 to the Defendant, E, and D on September 18, 2012, the interest rate of KRW 3% per month; and (c) the period of repayment was December 30, 2012; and thereafter, (d) thereafter, the Defendant, etc. was granted the respective loan certificates.