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1. The Defendant’s KRW 547,067,213 as well as 5% per annum from August 30, 2014 to May 26, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. Upon receipt of a request from the Defendant to lend money on July 2010, the Plaintiff borrowed KRW 550,000 from the Daegu Suwon-gu land and the ground buildings owned by the Defendant as collateral.
B. At the time, the Plaintiff had already received a loan of KRW 300 million from the Busan Bank as collateral. The Plaintiff and the Defendant changed the lending place to the Nonghyup Bank Co., Ltd. (hereinafter “CF”) and agreed to obtain a loan of KRW 8.5 million. The KRW 300 million decided to repay the existing loan that the Plaintiff borrowed to the Defendant. The Plaintiff lent KRW 55 million to the Defendant.
C. On July 27, 2010, the Plaintiff obtained loans from the Nonghyup Bank divided into KRW 300 million (loan Account Number D; hereinafter “Loan 1”) and KRW 550 million (Loan Account Number E; hereinafter “Loan 2”).
The Plaintiff shall pay interest on each of the above loans on the 27th day of each month, and the Plaintiff, in the name of the Plaintiff, made it possible to transfer each of the above loans from a savings account (one account number F, one account with a lending limit of 33 million won, a one account with a lending limit of 33 million won, hereinafter “instant account”) opened on July 26, 2010.
E. On July 27, 2010, the date on which the above loan was executed, the Plaintiff received KRW 300 million from the instant loan No. 1 to KRW 550 million. The Plaintiff was immediately used to repay the Plaintiff’s existing loan and paid KRW 540 million to the Defendant on July 28, 2010.
F. Meanwhile, on the other hand, on July 27, 2010, KRW 18 million in each of the instant accounts and KRW 36 million in total are the deduction fee for NH life-long and Fire Epid Drivers Mutual Aid Agreement concluded by the Plaintiff under his/her own name, and KRW 6,476,800 in each of the instant accounts are the establishment of a collateral security right to secure the instant loans.