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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 10, 2017, the Defendant prepared a cash storage certificate stating that “43,200,000 won shall be kept in the presence of the joint and several sureties from May 10, 2017 to March 5, 2008, and shall be calculated as three copies per month in the event that the joint and several sureties has failed to repay within the prescribed period, and if the custodian is unable to repay, the joint and several sureties shall pay the amount on behalf of the debtor and the joint and several sureties shall affix their signature and seal to the cash storage certificate of this case, and C signed and sealed it as the joint and several sureties.”
B. On May 11, 2007, the Plaintiff completed the registration of the establishment of a mortgage on D forest land No. 241 square meters owned by C, the maximum debt amount of which is KRW 50 million, and the debtor’s establishment of a mortgage on the debtor’s forest land.
[Evidence Evidence: Entry of Evidence No. 1 and the purport of the whole pleadings]
2. The parties' assertion
A. On May 10, 2017, the Plaintiff loaned KRW 43.2 million to the Defendant on March 5, 2008 with interest rate of KRW 36% per annum (three copies per annum). The Defendant was obligated to pay the Plaintiff KRW 138,831,780 per annum and interest rate of KRW 30% per annum from March 6, 2008 to November 20, and KRW 182,031,780, the sum of principal and KRW 43,200,00, and KRW 182,031,780, and KRW 182,031,07, and KRW 180,000 from May 23, 2007 to July 31, 2007 to KRW 180,505, and KRW 400,000,000 per annum of this case’s principal and interest rate of KRW 205,780,000.