구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. Basic facts
A. Upon receiving a request from C to secure the acquisition fund of the company, the Plaintiff set up and set up a collateral security on the E-House 2 and 1102 (hereinafter “instant real estate”), which is an apartment owned by C, around November 23, 2010.
B. On November 23, 2010, the Defendant: (a) borrowed KRW 200,000,000 from F (hereinafter “the instant loan”); (b) completed the registration of the establishment of a neighboring mortgage (hereinafter “the instant mortgage”) with the Seoul Eastern District Court No. 58153, Nov. 24, 2010, regarding the instant real estate as the maximum debt amount of KRW 220,000,000; (c) the mortgagee F of the right to collateral security; and (d) the debtor as the Defendant.
On November 24, 2010, the Defendant received 200,000,000 won from F to its account in its name. At that time, the Defendant transferred KRW 150,000,000 to G, and KRW 50,000,000 to H.
C. Meanwhile, the Defendant paid F KRW 50,000,000 out of the instant loan to F around the end of November 2011, and the remainder of KRW 150,000,000 was not paid.
On January 23, 2013, Defendant C, G, and H have prepared a written confirmation confirming that the Plaintiff would pay KRW 150,000,000 to the loan of this case by March 30, 2013, but still failed to pay the loan of this case even thereafter.
E. F pressured the Plaintiff to exercise the right to collateral security in the event of failure to repay the instant loan, and the Plaintiff agreed with F to settle the instant loan amount of KRW 155,00,000 with F.
After that, on March 31, 2015, the Plaintiff repaid F the above KRW 155,00,000 on behalf of the Defendant, and cancelled the registration of establishment of the instant root.
F. On July 14, 2015, the Defendant repaid KRW 50,000,000 to the Plaintiff as part of the instant loan that the Plaintiff subrogated.
G. The Plaintiff borrowed KRW 70,00,000 from November 23, 2013 to the Seoul Eastern District Prosecutors’ Office, “C, and G, by deceiving the Plaintiff, around June 2014.