대여금
1. The part of the judgment of the court of first instance against the intervenor succeeding to the plaintiff shall be revoked;
2. The defendant shall grant to the intervenor succeeding to the plaintiff 17.
1. Facts of recognition;
A. On July 9, 2009, the Plaintiff’s succeeding intervenor lent KRW 200 million to the Defendant for the creation of a site for KRW D in Yangsan-si. The Plaintiff paid KRW 70 million to the Defendant by July 10, 2009, and the remaining funds shall be paid at the time of a subsequent auction, and the Defendant entered into an agreement with the Plaintiff’s succeeding intervenor on the condition that the pre-sale registration should be completed in Yangsan-si as security.
B. In accordance with the above agreement, the Plaintiff’s succeeding intervenor lent KRW 70 million to the Defendant on July 10, 2009 and KRW 10 million on August 10, 2009, respectively, and the Defendant completed the registration of ownership transfer to the Plaintiff’s succeeding intervenor on July 10, 2009 as to the land E-1225 square meters owned by the Defendant.
C. The Plaintiff, who did not repay the above loan, filed a lawsuit against the Defendant seeking the payment of the loan amounting to KRW 80 million with the Busan District Court Decision 2013Da34088 (hereinafter “instant prior suit”). D. The Plaintiff filed a lawsuit against the Defendant for the payment of the loan amounting to KRW 80 million and the damages for delay.
On July 11, 2013, in the process of the instant suit, the Defendant: (a) borrowed 80 million won from C at interest rate of 1.5%; (b) on December 31, 2013, the due date for repayment; and (c) on December 31, 2013, from the next day after the repayment date of the principal and interest accrued; (d) written a loan certificate with the purport to set up a collateral security right of KRW 16,478 square meters of F forest land in Yangsan-si (hereinafter “instant mortgaged forest”); and (c) on July 12, 2013, the Defendant completed on July 12, 2013, the registration of the establishment of the mortgage over the said forest with the maximum debt amount of KRW 16,478 square meters (hereinafter “the instant loan certificate”).
E. On July 11, 2013, the date of drawing up the loan certificate of this case, the Plaintiff’s succeeding intervenor remitted KRW 80 million to C. After C transferred it to the Defendant’s national bank account, the Defendant again withdraws KRW 80 million to the Plaintiff’s succeeding intervenor.