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1. The part concerning the claim for the confirmation of existence of an obligation among the claims in this case shall be dismissed.
2. The defendant is against the plaintiff 41,660,730 won.
Reasons
1. Basic facts
A. On August 26, 2008, the Plaintiff borrowed 4.8 million won from the Plaintiff on several occasions, etc., and then, on November 19, 2013, the Plaintiff prepared a loan certificate with the following contents (hereinafter “the loan certificate of this case”) and delivered it to the Defendant.
Loan amount: Interest at KRW 14,00,000 per annum (14,000: interest at KRW 30% per annum: Interest at KRW 30,500,000 per annum: the due date for payment: December 30, 2013, A shall confirm and sign the borrowed principal and interest interest as of November 19, 2013.
B. On August 25, 2008, the Plaintiff prepared a loan certificate with the loan amount of KRW 10 million, interest rate of KRW 2.5% (25% per month on the payment date), interest rate of KRW 30% per annum, interest rate of October 25, 2010, interest rate of KRW 50 million on November 19, 2013, interest rate of KRW 2.5% per annum (interest rate of KRW 20% per month on the payment date), interest rate of KRW 30% per annum, interest rate of KRW 30 on December 30, 2013, the loan certificate with the loan amount of KRW 50 million on April 29, 2014, interest rate of KRW 2.5% per annum (interest rate of KRW 20% per month on the payment date), overdue interest of KRW 30% per annum, and the loan certificate to the Defendant on May 20, 2014, respectively.
(hereinafter “each of the instant loan certificates”) C.
On November 19, 2013, the Plaintiff entered into a mortgage agreement with the Defendant regarding each of the real estate listed in the separate sheet No. 2, owned by the Plaintiff (hereinafter “each of the instant real estate”) with the maximum debt amount of KRW 50 million, and completed the registration of establishment of a neighboring mortgage with the Daejeon District Court No. 16925, Nov. 25, 2013.
In addition, on January 23, 2014, the Plaintiff entered into a mortgage agreement with the Defendant regarding each of the instant real estate with a maximum debt amount of KRW 30 million, and concluded a contract to alter the right to collateral security with the Defendant on January 23, 2014, under which the Daejeon District Court completed the registration of creation of each neighboring mortgage under No. 1011 on January 23, 2014, and on April 29, 2014, the Defendant changed the maximum debt amount to KRW 50 million.