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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 201, the Plaintiff was requested by Nonparty C and D to provide a loan by taking the E-mail, etc. as security at the Chungcheong time.
At the time, several parcels of the above lands were already awarded a successful bid due to the enforcement of the right to collateral security by the non-party Gangnam Capital, which is the right to collateral security, and the remaining parcels were in the state of a bid.
B. The Plaintiff requested the Defendant, who had the surplus funds, to lend approximately KRW 600,000 to the Defendant with the said real estate as security.
However, the defendant can prepare approximately KRW 500 million, and the plaintiff prepared the remaining KRW 85 million.
C. After doing so, the defendant remitted approximately KRW 480 million to the above Gangnam Capital to repay the debt of the above Eul, and deducted part of the interest interest amount. The plaintiff used the amount of KRW 85 million prepared by the plaintiff as auction termination cost and registration cost, and paid part of the amount to the above C.
Meanwhile, on February 21, 2011, the Plaintiff and the Defendant concluded a written agreement on investment payment with respect to KRW 600 million (Plaintiff 85 million, Defendant 50 million, and KRW 515 million) lent to the said C and D. The main contents are as follows.
Paragraph 1 B (Defendant) shall invest KRW 510,000,000,000 and KRW 85,000 for Plaintiff (Plaintiff) and lend KRW 600,000 to the debtor C.
The mortgagee of a contract establishing a mortgage on real estate listed in the attached Table as collateral for a loan shall be B (Defendant).
The repayment of the claim under paragraph (2) shall be made in preference to B (Defendant) and auction, purchase, and other matters arising after the vehicle shall be governed by the decision of B (Defendant).
E. According to the above agreement, the Defendant set up the right to collateral security of KRW 900 million with the maximum debt amount received on February 21, 201, which was received on February 21, 201, from the Cheongju District Court, E, etc.
F. After that, the Defendant received a total of at least KRW 100 million interest from C from the debtor, but as the payment of interest was delayed, it would be the Cheongju District Court F for the said secured real estate around July 2012.