대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why a party member of the judgment of the court of first instance states concerning this case are the same as the statement of the judgment of the court of first instance, in addition to adding the following matters to the corresponding part, thereby citing it as it is in accordance with the main sentence of Article 4
2. Matters for supplementary judgment; and
A. 1) Additional Matters 1 added to the “founded grounds for recognition” of Section 18 of the first instance judgment, which was additionally submitted in the first instance trial to “B evidence No. 9, the Korea C&C Bank, and the Korean National Bank.” 2) The end of Section 14 of the first instance judgment, “the Defendant received part of the principal and interest from the borrower and remitted them to the Plaintiff. The Defendant received KRW 300,000,000,000,000 from the borrower, and received KRW 30,000,000,000 from the Plaintiff, and received KRW 2.5,000,000,000 from the Plaintiff.”
B. 1) The supplementary decision No. 4 of the first instance court's decision was made, and the statement "(the defendant deducteds part of interest received from some borrowers and remitted to the plaintiff)" was supplemented. 2) The end of the fourth instance court's decision No. 8, "(the plaintiff has deposited KRW 14,625,00 to the defendant on December 28, 2010 and has received the above money from the defendant on the following day. The loan No. 10,000 won to E and AU was paid to the defendant on March 9, 201 and KRW 5,40,000,000 won from loans to E and AU was paid to the borrower on April 1, 2011. Therefore, the plaintiff's argument on this part is without merit.)."
3. On the end of the 4th decision of the first instance court, "the mortgagee of the right to collateral security due to the nature of the collateral security, in principle, limited to the creditor of the secured debt. Therefore, in relation to the borrower, the plaintiff, who is the right to collateral security, is the creditor of the secured debt.