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1. The Plaintiff and the Defendant against the Defendant based on a credit transaction agreement concluded on December 14, 2006.
Reasons
1. Facts of recognition;
A. On February 27, 2001, B Co., Ltd. (hereinafter “B”) entered into a mortgage agreement with the Defendant (former Mutual Savings and Finance Company, Inc., Ltd.) regarding the secured obligation on the part of Busan Jin-gu C, D, E, F, and G, and on the part of H and F, the secured obligation on the part of the above-mentioned land (hereinafter “each of the instant I-owned real property”) located on the part of H and F, and on the part of the Defendant: (a) a bill loan, bill discount, deed loan, credit and credit installment transaction, and other credit transactions; (b) a debt arising from a bill loan, bill discount, guaranteed obligation; (c) a debt on a bill or check; (d) a debt on the bill or check; (e) a compensation for delay; (e) any debt related to other credit transactions; and (e) a mortgage agreement with the maximum debt amount at KRW 1,170,00,000,000.
B On February 28, 2001, between the Defendant and the Defendant, the extension limit amount is KRW 400 million, the extension period is from February 28, 2001 to February 28, 2006, the interest rate is 11% per annum, the damages for delay is 19% per annum, the joint guarantor entered into a credit transaction agreement with J and received KRW 400 million from the Defendant. On the same day, between the Defendant and the Defendant, the discounted bill limit amount is KRW 50 million, the transaction period is from February 28, 2001 to February 27, 2002, the damages for delay is 19% per annum, and the joint guarantor entered into a bill transaction agreement with J.
B. The joint and several debt B to the Defendant was awarded a contract for the construction of the M tourist hotel on the three lots outside Kimhae-si, a Co., Ltd. (hereinafter “K”) around June 30, 2001.
On April 30, 2002, K entered into a credit transaction agreement with the Defendant on the credit limit of KRW 1 billion, interest rate of KRW 9% per annum, delay damages, and KRW 1 billion per annum, and paid the above KRW 1 billion to B. The payment of the construction cost was made by N, K’s actual inspection owner, and the above obligation was jointly and severally guaranteed by N, K’s actual inspection owner, and B.
The term "B" is one billion won.