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1. The defendant shall pay to the plaintiff KRW 283,658,016.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. In full view of the respective entries and arguments in Gap evidence Nos. 1 through 3, 5 through 8 (if there are serial numbers, including each number; hereinafter the same shall apply) as to the cause of the claim, the Plaintiff, on March 20, 2008, determined and lent interest of KRW 600 million to the Defendant on March 20, 208 (hereinafter the “instant loan agreement”), and on April 20, 2019, recognized the facts constituting the cause of the loan balance as of April 283, 658,016.
According to the above facts of recognition, the defendant is obligated to pay 283,658,016 won to the plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's defense
A. On March 20, 2008, the Defendant’s gist of the Defendant’s assertion completed the registration of establishment of a neighboring mortgage on the real estate owned by the Defendant to secure the instant loan obligation. However, as the registration of establishment of a neighboring mortgage was cancelled on the grounds of termination on May 15, 2012, a new establishment registration was completed for the non-party E (hereinafter “non-party E”), the plaintiff of the right to collateral security, and the FF association on the same day.
In light of these circumstances, the defendant paid the full amount of the loan debt, or the non-party company exempted the defendant from the loan debt, and the plaintiff accepted the loan debt. Thus, the plaintiff's loan claim was extinguished.
B. Comprehensively taking account of the overall purport of the evidence evidence evidence Nos. 12 and 4 as well as the purport of the argument, the Defendant, at the time of the instant loan agreement, completed the registration of the establishment of a new mortgage on the land, etc. of the Gangwon-gun G owned by the Defendant, the maximum debt amount of KRW 780 million in the Plaintiff’s future, on March 20, 2008. However, the registration of the establishment of a new mortgage on May 16, 2012 was cancelled on the ground of the termination on May 15, 2012, and was completed on May 16, 2012 on the said real estate, etc. on May 16, 2012, the registration of the establishment of a new mortgage on the land, etc. owned by the Nonparty Company, the maximum debt amount of KRW 1.5 million, the Plaintiff, and the F Association, and on the other hand, the land owned by the Nonparty Company,