대여금
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. On November 24, 2006, the Plaintiff transferred KRW 100,000 to the Defendant’s Nonghyup Bank account (Account Number K; hereinafter “CF account”), and the following documents were drawn up between the Plaintiff and the Defendant in relation thereto:
The actual tax amount shall be the loan certificate of November 24, 2006 (hereinafter “the loan certificate of this case”).
1. The defendant borrowed 100,000,000 won from the plaintiff and the due date shall be May 31, 2007.
2. On May 31, 2007, the Defendant shall pay to the Plaintiff the principal and interest accrued until then on May 31, 2007, the due date for payment by adding 2% interest to the above borrowed money after receiving the aforementioned money from the Plaintiff.
The actual contents of the Agreement on April 19, 2009 are ‘The First Agreement'(hereinafter referred to as the "Agreement").
A person shall be appointed.
1. The Defendant shall repay the Plaintiff KRW 170,000,000 (hereinafter “instant loan”).
2. The Defendant shall reimburse the Plaintiff KRW 50,000,000 to June 30, 2009, out of the instant loans.
3. The Defendant shall reimburse the Plaintiff KRW 120,00,000, excluding the amount under paragraph (2), out of the instant loans, until April 30, 201.
However, if the defendant fails to pay the above amount to the plaintiff by April 30, 2011, 1% interest for delay shall be paid in addition to the interest for delay.
4. Until April 20, 2009, the Defendant entered into a mortgage contract with the Defendant apartment as security against the instant loan with the maximum debt amount of KRW 170,000,000, the mortgagee of the right to collateral security, the Defendant, and the Plaintiff as the mortgagee of the right to collateral security, and deliver a registration document thereon.
The actual contents of the Agreement on January 6, 2010 are "Second Agreement"(hereinafter referred to as "Agreement").
A person shall be appointed.
1. The Plaintiff shall pay KRW 170 million to the Defendant as KRW 100 million.
In addition, the right to collateral security of this case for KRW 170 million should be immediately released.
In addition, it is recognized that the existing loan certificate and agreement are no longer effective, and no rights are asserted in relation to the contents of the existing loan certificate and agreement.
2. The defendant shall pay to the plaintiff KRW 170 million. 100 million.