대여금
1. The Defendant’s KRW 409,701,917 as well as 5% per annum from February 28, 2015 to April 28, 2016 to the Plaintiff.
1. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) C is as follows: (a) 1,628 square meters of forest land D in Yangsan-si (hereinafter “instant land”).
(E) The Plaintiff requested for a loan to the Plaintiff for the purpose of newly constructing a general hospital (E Hospital). Accordingly, the Plaintiff loaned KRW 500 million to C (the above KRW 500 million includes KRW 53 billion for existing loans).
(2) The Plaintiff, upon completion of the project management for the new project of the foregoing general hospital (hereinafter “instant loan”) to pay KRW 900 million. In accordance with the foregoing agreement, the Plaintiff wired KRW 47 million to C (hereinafter “instant loan 1”).
A) In order to secure the first loan, C created a right to collateral a maximum debt amount of KRW 900 million with respect to the instant land. (2) After July 2008, the Plaintiff extended KRW 300 million with the name of the new construction project of the said general hospital upon the request of Skman C in early July 2008, and agreed to receive KRW 580 million with respect to the completion of the project management of the new construction project of the said general hospital.
(hereinafter “the instant loan No. 2”). C concluded that the instant loan No. 2 would be granted to the Plaintiff a medical corporation F (hereinafter “F”) and the Defendant, the president of G hospital, with a certificate of loan borrowed in the name of the medical corporation F (hereinafter “F”).
On July 2, 2008, the Plaintiff received the above loan certificate (No. 2) from C on July 2, 2008, and remitted KRW 300 million to C.
3) Since the said general hospital construction project had no progress by the year 201, the Plaintiff requested F (at the time, the president C and the Defendant to provide additional security for the loans of this case) around March 201, 201.
Accordingly, F and the Defendant would pay to the Plaintiff on March 15, 2011 KRW 580,000,000 to the Plaintiff by April 30, 2011.
'The letter of payment (Evidence A No. 1) was drawn up and given to that effect.
4) Around February 2015, the Plaintiff received a voluntary auction procedure for the instant land (the Ulsan District Court H received KRW 900,000,000,000,000,000,000,000,000,000).