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1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from May 2, 2016 to November 10, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff agreed to lend KRW 500,000,000 to D, etc. on April 18, 2016 (hereinafter “instant loan”), which jointly operates entertainment taverns under the trade name of “C” (hereinafter collectively “D, etc.”), with the exclusive right to supply alcoholic beverages, and then remitted KRW 50,00,000,00 to D’s bank account on April 19, 2016.
B. In order to secure the payment of the instant loan, the Plaintiff was prepared and delivered by D, etc., a promissory note No. 600,000 at par value (hereinafter “notarial deed”) from D, etc., and requested D, etc. to provide additional security.
Accordingly, D et al. promised to the Plaintiff to set up the right to collateral security in the future with respect to multi-household 1 (hereinafter “instant real estate”) on the 5th floor above the land in the name of Jung-gu, Seoul and Jung-gu, Seoul, which is the spouse of E.
C. On May 2, 2016, the Defendant, a certified judicial scrivener, entrusted the Plaintiff with the registration of the establishment of a neighboring mortgage, and completed the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage”) with respect to the instant real estate owned by G, the Plaintiff, the obligor D, and the maximum debt amount of claims 200,000,000 with respect to the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”)
The Plaintiff transferred KRW 250,000,000 to the bank account of D on the same day.
On the other hand, on May 2, 2017, G filed a lawsuit against the Plaintiff for the confirmation of the existence of debt and the cancellation of the registration of the establishment of a neighboring mortgage by the Seoul Northern District Court 2017Gahap22777, on the grounds that E had completed the instant mortgage without authority by using his seal imprint design, etc., and on January 24, 2019, “the foregoing court made the registration of the establishment of a neighboring mortgage of this case to the Defendant for the real estate owned by G without authority.”