대여금
1. The plaintiff (Counterclaim defendant)'s main claim against the defendant (Counterclaim plaintiff) is dismissed.
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Defendant is a married couple who completed a marriage report with E on December 4, 2006, and is F and G’s senior mother, and the Gwangju Family Court’s net support 2014dan10675 on September 5, 2014 is pending in the case of E and divorce.
B. On September 2, 2013, the Plaintiff prepared a loan certificate with the content that the Defendant and F are joint and several sureties (hereinafter “the loan certificate of September 2, 2013”), setting the Plaintiff’s maturity period to E on June 2, 2014 and at least 37 million won per annum (hereinafter “the loan certificate of September 2, 2013”).
On September 2, 2013, the Plaintiff completed the registration of mortgage creation (hereinafter “registration of mortgage creation”) with respect to the instant automobile, which is KRW 10 million for a mortgagee, “Plaintiff,” “mortgager,” and “debtor,” by obtaining necessary documents from F for the registration of the establishment of mortgage on the instant automobile owned by the Defendant (hereinafter “instant automobile”).
C. On May 22, 2014, the Plaintiff, between F and F, set the Plaintiff’s repayment period to E on June 22, 2014 and at least 30% per annum, lent KRW 40 million per annum (hereinafter “instant lending”). As to the lending, the Plaintiff drafted a loan certificate stating that the Defendant and F are joint and several sureties (hereinafter “the loan certificate”).
The Plaintiff remitted total of KRW 40 million to the Defendant’s account on May 21, 2014, and KRW 40 million on May 22, 2014.
C. On October 1, 2013, F and G prepared a written confirmation stating that “F and G shall not have received KRW 37 million in cash from the Plaintiff from the Plaintiff on September 2, 2013, and 37 million won received from the Plaintiff on September 2, 2013, F and G refer to the mother E residing in Nos. 2 and 302 of I apartment at P. 4 p.m. at P. on September 2, 2013. It is true that the delivery to the Plaintiff is correct.”
F. -