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1. The Defendant’s KRW 72,263,375 as well as 5% per annum from April 1, 2011 to February 4, 2016 to the Plaintiff.
Reasons
1. The Defendant, on January 8, 2003, invested KRW 200 million in the Plaintiff engaged in a construction business, such as Bara, and completed the registration of the establishment of a mortgage on the land and the third-story building owned by the Plaintiff, Daejeon Seo-gu, Daejeon, Daejeon, 327.1㎡, and its ground (hereinafter “instant real estate”) in order to secure the recovery of the said investment amount on December 8, 2004.
Afterwards, when the Defendant recovered part of the above investment funds from the Plaintiff and left 90,000,000 won, the Defendant completed on August 29, 2005, the new maximum debt amount of claims based on the above payment note (hereinafter “the instant secured debt”) with the payment note (Evidence A) written from the Plaintiff stating “90,000,000 won for rent, interest rate of 11% per annum,” and after cancelling the registration of the establishment of the above secured debt established on the instant real estate, the Defendant completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage near the instant real estate”).
On September 5, 2006, the Plaintiff repaid the Defendant the principal amount of KRW 60,00,000 as principal and KRW 1,00,000 as interest, and KRW 1,00,000 as of October 11, 2005, KRW 29,000 as of November 29, 2005, KRW 2,000,000 as of February 16, 2006, respectively.
Accordingly, on September 2006, the Defendant drafted a receipt certificate (Evidence 1) that “The principal amount of KRW 90,000,000 for the instant secured claim and interest of KRW 9,900,000 for the instant secured claim (interest at the rate of 11% per annum from August 29, 2005 to August 28, 2006) was paid to the Plaintiff KRW 60,000 for the principal amount and interest of KRW 4,000,000 for the principal amount, and the balance would have remaining at KRW 30,00,000 for the principal amount and interest of KRW 5,90,000 for the unpaid interest.”
After that, on September 12, 2007, the Plaintiff repaid the Defendant the principal amount of KRW 30,000,000 to the Defendant, and thereby, the principal of the secured claim was fully repaid.
(No. 3 and No. 24). Accordingly, the defendant on September 12, 2007 shall be the secured claim of this case.