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1. Of the judgment of the court of first instance, the part against Defendant F is modified as follows.
Suwon District Court Woo G.
Reasons
1. Basic facts
A. On December 30, 2013, I Co., Ltd. (hereinafter “I”) entered into a contract with H to purchase seven parcels of land, such as Tonju CityJ, for a down payment of KRW 89 million, around December 30, 2013 and paid the down payment.
After that, while I did not pay the remainder of the purchase price, Y agreed to participate in the above project by leasing the purchase price, business expenses, etc. of the land in AC Dong and AB Dong-dong in I.
B. Accordingly, Y paid KRW 289 million in total, including KRW 50 million, to H, on March 4, 2014, and KRW 189 million on March 20, 2014, and KRW 50 million on April 2, 2014, and KRW 289 million on April 2, 2014. ②on April 8, 2014, remitted KRW 285 million to H account; on April 14, 2014, some lessees of the above AC-dong land to AX and AY’s director expenses; KRW 23 million on May 22, 2014; and paid KRW 500,000,000 to A; and on April 14, 2014, some lessees of the above AC-dong land were paid KRW 500,000,000 in total to H account. 1.5 billion on May 27, 2014.
C. As to the above payment of Y, H created a joint mortgage (hereinafter “instant first collateral mortgage”) with the obligor H, Defendant E, and the maximum debt amount of KRW 300 million on March 4, 2014, stating that “A loan amount of KRW 289 million from Defendant E shall have been due and due and shall be borrowed on September 5, 2014, and each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), which is the land subject to the said sale, shall be referred to as “each of the instant real estate,” and where an individual real estate is referred to as “the instant real estate,” the separate mortgage (hereinafter “instant first collateral mortgage”) with the obligor H, the mortgagee E, and the maximum debt amount of KRW 30 million,000,000,000,000 from Defendant F, with the interest rate of KRW 60% per annum and the due and due date for repayment specified as April 2, 2015.”