원상회복 등
1. Defendant C shall pay 40,000,000 won to the Plaintiff and 20% per annum from February 24, 2015 to the date of full payment.
1. Basic facts
A. A. Around February 15, 2011, D lent money to Defendant C, each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) on the following day (hereinafter “the instant land”) as joint collateral, completed the registration of creation of a mortgage on May 26, 201 on the ground of the transfer of finalized claim on May 25, 201, and Defendant B completed the registration of establishment of a mortgage on May 26, 201.
(hereinafter referred to as “the instant collateral security”). B.
On July 17, 2013, the Plaintiff and E remitted the Plaintiff KRW 40,00,00, and KRW 30,000,00 to the account designated by Defendant B. As to part of the right to collateral security of this case to the Plaintiff, the Plaintiff and E have completed each transfer registration with the maximum debt amount of KRW 50,00,000 with respect to part of the right to collateral security of this case to the Plaintiff, and the amount of KRW 40,00,000 with respect to part of the right to collateral security of this case to the Plaintiff, and the Defendant C agreed to borrow each of the above amounts from the Plaintiff and E.
(hereinafter referred to as “instant agreement”). C.
On July 17, 2013, the Plaintiff remitted KRW 40,000,00 to the F’s account in the name of F. D.
Around July 17, 2013, Defendant C prepared and delivered a certificate of loan to the Plaintiff stating that “a loan shall borrow KRW 40,000,000 as interest rate 2% per month and due date on December 17, 2013” (hereinafter “the instant certificate of loan”). The said certificate of loan contains F’s account number.
E. On July 18, 2013, Defendant B renounced each right to collateral security regarding the land listed in Paragraph (1) in the separate sheet, and on October 30, 2013, the registration of the establishment of each of the above right to collateral security was cancelled.
F. Around November 24, 2014, Defendant B paid the Plaintiff KRW 70,000,000, out of the maximum debt amount of the instant right to collateral security around July 14, 2013, Defendant B paid KRW 90,000,000 to the Plaintiff. However, Defendant B did not transfer the remainder of KRW 30,00,000 to the right to collateral security without paying KRW 40,000,000. In the absence of any reply by December 5, 2014, there is no agreement with Defendant C.