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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasons for this part of the facts of recognition are as follows: (a) except where each of the “this Court” of the joints Nos. 3, 4, and 12 of the judgment of the court of first instance is deemed to be the “Sasan Branch of the Daejeon District Court”, the corresponding part of the reasoning of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance.
2. Summary of the parties’ assertion
A. The reasoning of this part of the Plaintiff’s assertion is as stated in Paragraph 2 of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. A summary of the Defendant’s assertion 1) The Defendant set up a right to collateral security on the real estate indicated in attached Table 2(3) in order to secure the Defendant’s obligation to borrow a loan amount of KRW 300 million against the Plaintiff stated in the instant loan certificate. On May 17, 2018, the Plaintiff deposited the total amount of KRW 305,786,301 with the principal of the loan amount as the principal of KRW 300 million and the damages for delay up to that time. Therefore, the Plaintiff’s claim against the Defendant for the loan amount of KRW 300 million based on the instant loan certificate was extinguished by the deposit of the Defendant. (2) The Defendant lent the Plaintiff KRW 40,000,000 on November 3, 2014, total amount of KRW 20,000,000 on August 21, 2015 and the Plaintiff’s loan and the Plaintiff’s claim for reimbursement against the Defendant.
3) On August 20, 2015, the Defendant borrowed KRW 100,000,000 from N, and paid KRW 2,000,000 to N.. Since the Plaintiff concluded a total sales contract with N on August 29, 2015, the Defendant’s payment of KRW 100,000 to the Defendant is deemed to have been made on behalf of the Plaintiff, as long as the Plaintiff agreed to pay KRW 100,000,00 in advance, the Defendant paid KRW 2,00,000 to the Defendant is deemed to have paid on behalf of the Plaintiff. Accordingly, the amount equivalent to KRW 2,00,00 shall be deducted from the Plaintiff’s credit amount to the Defendant. 4) The Plaintiff’s rent and interest rate pursuant to a lease contract concluded with the Defendant.