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1. The main part of the lawsuit in this case shall be dismissed.
2. The Plaintiff’s conjunctive claim against the Defendants is all satisfied.
Reasons
1. Basic facts
A. Defendant C is the children of Defendant B.
B. On December 22, 2011, the Plaintiff established the right to collateral security (hereinafter “mortgage 1”) against Defendant C, Defendant C, and the maximum debt amount of KRW 180,000,000 with respect to the land owned by Defendant C, Incheon Jinjin-gun, Incheon, Inc., and leased KRW 180,000,000 to the Defendants on December 22, 2011 after having obtained promissory notes with joint face value of KRW 180,000,000 issued by the Defendants as security.
Defendant C borrowed each of the above money and stated the Plaintiff at the interest rate of 3% per month and at the interest rate of 3.25% per month, but the amount of loan in the blank was set up a loan transaction agreement.
C. On December 26, 2011, the Plaintiff received a promissory note of KRW 130,000,000 for the jointly issued face value, KRW 250,000 for the face value issued by the Defendants and delivered by G to the Defendant B, and additionally lent KRW 71,21,000 for the Defendants on December 29, 201, as well as for the debtor, G, the maximum debt amount of KRW 250,000 for the land and its ground buildings (hereinafter “instant real estate”), which were completed with respect to the lower-tier 121,00,000 for the land owned by G, and the right to collateral (hereinafter “second-class collateral security”) that was transferred to the Defendant B (hereinafter “the right to collateral security”).
The Plaintiff’s loan claims to the Defendants four times from December 22, 2011 to December 29, 2011 and the Plaintiff’s loan claims to the Defendants four times under the following 2:
A. In addition to the claim for reimbursement of the establishment cost of the right to collateral security claimed by the Defendants under this paragraph, the “claim of this case, etc.” refers to
D. On January 20, 2012, the Plaintiff paid respectively KRW 7,500,000 from Defendant C, and KRW 120,000,00 on February 18, 2012, and cancelled the registration of establishment of a collateral security on February 21, 2012.
However, the Defendants filed an application for the auction of real estate rent with Sung-nam Branch I, Sung-nam branch of the Sungwon District Court regarding the instant real estate based on the 2-mortgage, which did not repay the borrowed money any longer, and received dividends in KRW 39,506,442 on July 5, 2013.
E. Meanwhile, on the other hand.