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1. Defendant C’s KRW 100,000,000 as well as 5% per annum from May 20, 2015 to December 3, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff in relation to the parties is in the relation of marriage as the spouse of the person who is in the relation of marriage with the defendant B. The defendants reported a marriage on September 28, 1987 and got a divorce on July 20, 1993, but thereafter have maintained a de facto marriage relationship until 2009. The defendant B operates a certified judicial scrivener office as a certified judicial scrivener.
B. On July 24, 2006, the Plaintiff entered into a contract to lend KRW 300 million to Defendant B with the introduction of Defendant B (hereinafter “instant loan agreement”).
A) Around that time, the Plaintiff leased KRW 300 million to D. (2) In order to secure the loan claim of KRW 300 million against D (hereinafter “the instant loan claim”), the Plaintiff extended the additional registration of the right to collateral transfer in the name of the Plaintiff (hereinafter “the instant right to collateral transfer”) with the Changwon District Court Decision No. 86023, Oct. 5, 2004, which was concluded on Oct. 24, 2006, with respect to the registration of creation of collateral transfer in the name of the Plaintiff (hereinafter “the instant right to collateral transfer”) as of KRW 360,00,000 with respect to the maximum debt amount of KRW 3137 square meters (hereinafter “the instant real property”).
C. (1) On August 26, 2008, the Plaintiff entered into an agreement on the change of the right to collateral security (hereinafter “instant agreement”) with D and D, instead of cancelling the instant first-class collateral security (hereinafter “instant agreement”) with D and D, with the Plaintiff, set up the first-class collateral security right on the instant real estate with the Jinju Agricultural Cooperative, while obtaining a loan of KRW 400 million from the Jinju Agricultural Cooperative, and repayment of KRW 150 million out of the above loans to the Plaintiff, and reimbursement of KRW 150 million out of the remainder of the loans to the Plaintiff, and securing interest thereon (hereinafter “instant agreement on the change of collateral security”).
(2) The instant mortgage.