대여금
1. The Plaintiff:
A. Defendant B and D jointly share KRW 1,000,000,000 and those related thereto from January 9, 2012 to July 14, 2014.
1. Facts of recognition;
A. The plaintiff is the representative director of E Co., Ltd.
B. Defendant B and D requested the Plaintiff to lend money, as it is necessary to establish training lecture and lodging houses for companies in Jeju-do.
Accordingly, on June 1, 201, the Plaintiff paid KRW 500,000,00 to F Co., Ltd. (hereinafter “F”) with the actual management of Defendant B and D, and as a security therefor, paid KRW 500,000,000 to G forest land G3,623 square meters (hereinafter “instant real estate”) on May 31, 201 as the maximum debt amount on May 31, 201, the Plaintiff completed the registration of creation of mortgage for the debtor F and the mortgagee as the Plaintiff, and additionally paid KRW 50,00,000 to F on July 8, 2011.
C. On December 10, 201, Defendant B: (a) made a letter of performance stating that “The representative director, E, a Co., Ltd., paid the Plaintiff a total of KRW 1 billion and interest KRW 500 million by December 15, 201; and (b) the interest amount after September 5, 201 shall be KRW 50 million by March 30, 201; (c) thereby, the F shall have succeeded to the obligation relationship with the Defendant B; and (d) signed the letter of performance on the guarantor column of the said letter of performance.
As Defendant B and D did not repay the above loan to the Plaintiff, the Plaintiff applied for a voluntary auction on the basis of the right to collateral security established on the instant real estate, and on July 8, 2013, the Jeju District Court accepted it and rendered a decision to commence the voluntary auction on the instant real estate H.
E. On the other hand, Defendant C lent the bid price to the Plaintiff in order to obtain a successful bid on the instant real estate, Defendant C, who sold the instant real estate after the successful bid, ordered the Plaintiff to repay all the borrowed money including the debt under the above performance sheet against Defendant C and D with the purchase price received by disposing of the instant real estate.
Accordingly, the plaintiff is entitled to KRW 320,000,000 on November 11, 2013 in the name of the defendant C in the name of E.