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1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.
2. The Plaintiff’s total costs of litigation.
Reasons
1. Basic facts
A. On April 11, 2013, the Plaintiff borrowed money from the Defendant under the name of himself/herself or his/her family members (including wife C, children B, M, N, H, and both the Plaintiff and his/her family members, hereinafter referred to as “the Plaintiff side”). The Defendant, on April 11, 2013, changed the name of the Plaintiff into the current name (Yan Saemaeul Community Credit Cooperatives).
B. On October 2002, the Plaintiff decided to borrow money from the Defendant, and on October 25, 2002, decided to secure this, on October 25, 2002, the Plaintiff registered the establishment of a mortgage over KRW 60 million with respect to the Busan Young-gu O, P, and Q land (the third parcel was merged into O on March 8, 2012; hereinafter “R land”) owned by the Plaintiff to the Defendant.
C. On November 1, 2002, the Plaintiff received a loan of KRW 50 million from the Defendant, and prepared a loan transaction agreement and mortgage contract between the Defendant and the Plaintiff, a joint guarantor, M, and the Defendant wired KRW 50 million to the account (Account Number: S) in the name of the Plaintiff established in the Defendant.
(hereinafter referred to as the “first loan”) d.
Plaintiff
From November 16, 2002 to September 25, 2008, the sum of KRW 25,127,890 (i.e., ordinary interest at KRW 22,868,910 overdue interest at KRW 2,258,98,980) was withdrawn.
E. On the other hand, upon receiving a loan of KRW 40 million from the defendant on July 20, 2005, C prepared a loan transaction agreement and a mortgage contract between the defendant and the debtor C and the plaintiff as the plaintiff of the right to collateral security. On the other hand, the defendant remitted KRW 40 million to the account (Account Number: T) in the name of C opened with the defendant.
(f) On July 20, 2005, in order to secure the secondary loan obligation, the Plaintiff granted the Defendant the registration of the establishment of the creation of a collateral of KRW 52 million with respect to the J and K land owned by the Plaintiff (hereinafter “U land”).
(g) Busan High Court, the contents of which are similar to those of this case.