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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 129,940,809 as well as on November 2013.
Reasons
1. Basic facts
A. The party’s relationship 1) The Plaintiff is C Co., Ltd. (hereinafter “C”) that operates the credit business.
(2) As an internal director of the company, E uses the title of “the president” and operates the company as well as the representative director D, etc., and the Defendant, through the mediation of the Plaintiff and D, has made a transaction by lending money to another person and obtaining interest income. 2) E borrowed money several times from the Plaintiff and D and borrowed money from the Plaintiff, and as of February 16, 201, the title “Igsan-si F land owned by oneself (hereinafter “instant land”) and Nos. 101 through 601 of the G building on its ground (hereinafter “instant building”). The instant land and buildings were collectively “each of the instant real estate”. However, the instant building was registered as a single building and registered as a sectional building on June 22, 2012, the instant mortgage was established as a creditor, maximum debt amount of KRW 5,800,000, and the right to collateral security (hereinafter “instant mortgage”).
B. On September 15, 2011, C prepared a certificate of partial transfer of the right to collateral security that transferred KRW 300,000,000 out of the instant right to collateral security to the Defendant, and on September 19, 2011, the supplementary registration of partial transfer of the right to collateral security was completed on September 19, 201. (2) The Defendant remitted the amount of KRW 201,104,480 (the amount obtained by deducting loan interest, cost of collateral security transfer, and notarial fee) in the name of E from September 16, 2011 to the account in the name of E.
(3) On the other hand, on September 28, 201, the Plaintiff is entitled to KRW 70,000,000 in the Defendant’s account under the name of the Defendant (hereinafter “instant first payment”).
C. On November 2, 2011, C transferred the amount of KRW 105,00,000 among the instant collateral security (mortgage) to the Defendant on the ground of partial transfer of confirmed claim.