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1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim).
Reasons
1. Basic facts
A. On January 15, 2013, the Plaintiff deposited KRW 57,000,000 of lease deposit money, monthly rent of KRW 67,00,000 (including value-added tax), and KRW 40,000,00 of monthly rent to C, each real estate listed in the separate sheet (hereinafter referred to as “the instant cartel”, including the site listed in paragraph (1) of the attached list and buildings listed in paragraph (2) of the same list, into the Plaintiff’s account, and the remainder is paid in cash. It is recognized that there is no dispute between the parties in the trial.
From January 21, 2013 to December 31, 2014, the lease term was set and leased.
(hereinafter “instant lease agreement”). B.
D loaned KRW 500 million to C in the course of concluding a lease agreement and received KRW 9,00,000 each month as interest.
D paid 50 million won to C on January 15, 2013 to the Plaintiff on behalf of C.
C. On January 17, 2013, the Plaintiff performed the procedures for the registration of the establishment of a neighboring mortgage with D, the maximum debt amount of KRW 500 million, the debtor, the debtor, and the mortgagee of the right to collateral security, under Article 5468, which was received on January 17, 2013 from the Suwon District Court, the Suwon District Court, the Dongwon District Court, the
(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) D.
D, in early 2014, the early 2014, agreed to retire from investing in the instant Moel, and C requested E to identify a person who will invest in the Moel.
E introduced the defendant couple to C.
E. On March 3, 2014, the Defendant: (a) lent KRW 500 million to C at the interest rate of KRW 18% per annum; and (b) on December 31, 2014, deposited KRW 500 million in the Plaintiff’s account on the same day; and (c) upon deposit from the Defendant, the Plaintiff deposited KRW 500 million with D.
F. On March 3, 2014, D entered into a contract with the Defendant to transfer the instant right to collateral security and its secured claim to the Defendant, and on March 4, 2014, D sent the notice of the right to collateral security and its secured claim to the Plaintiff with content certification.
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