1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

1. Basic facts

A. The pertinent Plaintiff is a company established for the purpose of waste treatment business, etc.

The defendant and C are married couple, and D are children of the defendant and C, and the plaintiff borrowed money from the defendant and D through C to raise funds for the new construction of the factory building.

D A deceased on June 25, 2009, and C and C, the inheritor, renounced inheritance, and the defendant inherited D alone.

B. On April 28, 2006, the Plaintiff and D’s Plaintiff borrowed KRW 150,000 to D on August 27, 2006 and issued a certificate of borrowing KRW 125,00,00 to D’s account in the name of the Plaintiff on August 27, 2006. On April 28, 2006, the Plaintiff borrowed KRW 125,00,000 from D’s account in the name of the Plaintiff.

On the other hand, in order to secure the above debt on the same day, the Plaintiff completed the registration of the establishment of a mortgage of KRW 225,00,000 on the land for E, 18,029 square meters, not in Gyeongnam-gun, with the maximum debt amount D in the future.

C. The Plaintiff and the Defendant traded money from July 24, 2004 to July 24, 2006. Around December 17, 2004, the Plaintiff and the Defendant settled the money transaction during the said period. From January 28, 2005 to February 7, 2006, the Plaintiff borrowed KRW 382,39,000 on nine occasions from the Defendant to February 7, 2006, a sum of KRW 382,39,000 on nine occasions during the period from February 28, 2005, and KRW 36% on a yearly interest rate. In order to secure the above debt, the Plaintiff repaid the principal and interest of the said land, etc. at KRW 950,00,000 ( KRW 200,000,000, KRW 150,000, KRW 150,0000, KRW 40,000).

The Plaintiff drafted a notarial deed No. 1 of the transaction relation between the Plaintiff and the Defendant on February 24, 2006 between the Plaintiff and the Defendant on November 24, 2006, stating that “The Plaintiff borrowed 75 million won from the Defendant on Nov. 24, 2006, with the maturity of payment specified as 3% per month of interest.”