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1. On June 13, 2013, upon a claim for exchange change in the trial, between the Plaintiff and the Defendant.
Reasons
1. Basic facts
A. On June 13, 2013, the Plaintiff and the Defendant drafted a loan certificate stating that the Plaintiff borrowed KRW 250 million from the Defendant at interest rate of KRW 30 million per annum, due date for repayment on November 30, 2013 (hereinafter “instant loan agreement”), and that “the deposit of the rent shall be made to C” (hereinafter “the instant loan certificate”).
B. On June 14, 2013, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to each real estate listed in the separate sheet owned by D Co., Ltd. (hereinafter “each of the instant real estate”) as indicated on June 14, 2013, with the debtor as the Defendant, the mortgagee, and the maximum debt amount of which are KRW 250 million.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 to 9 of evidence 2, the purport of the whole pleadings
2. Determination
A. The summary of the plaintiff's assertion is that the defendant prepared the certificate of the loan of this case between the plaintiff and the plaintiff, and there was no payment of KRW 250 million on the certificate of the loan of this case to the plaintiff or C. Thus, there is no obligation under the loan of this case under the loan of this case.
B. Determination 1) The Plaintiff and the Defendant prepared the loan loan certificate of this case between the Plaintiff and the Defendant, and the Plaintiff offered each of the instant real estate as security and completed the registration of establishment of a mortgage over the instant loan of KRW 250 million with the maximum debt amount as seen earlier. In addition, in light of the following circumstances, it is reasonable to deem that the Defendant paid KRW 150 million to C, out of KRW 250 million on the loan certificate of this case, when the Plaintiff prepared the loan certificate of this case at the time of the loan loan contract of this case and prepared the loan certificate of this case, and considering the overall purport of the pleadings in consideration of the evidence Nos. 1, 5, 6-1, 7, 1, 2-1, 2-9, and the testimony of the first instance trial and the trial witness C, the Defendant paid KRW 150,000,000,000 among the loan certificate of this case.)