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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. The Plaintiff, the Defendant, and the D’s relationship 1) The Defendant “Ipsi C, E, F Land and Ground Building 1 Dong, 2 Dong, Pyeongtaek-si G, and H Land” (hereinafter “instant real estate, etc.”)
(2) The Plaintiff had a claim of KRW 1.1 billion against D with respect to the instant real estate, etc. owned by the Defendant in order to secure D’s obligation to the Plaintiff, and the Defendant established a collateral security on the instant real estate, etc. owned by D to secure D’s obligation.
At the time of the establishment of the above right to collateral security (the defendant suffered difficulties in financing by establishing the right to collateral security with respect to the pertinent real estate, etc.) the plaintiff agreed to lend money to the defendant at the request of the defendant within the amount of KRW 500 million to KRW 1 billion.
B. The Plaintiff lent KRW 360,000 to the Defendant. On January 30, 2012, the Defendant: (a) repaid KRW 260,000,000 to the Plaintiff; (b) borrowed the remainder of KRW 100,000 from the Plaintiff (hereinafter “the instant primary loan”); (c) interest rate shall be KRW 0.6% per month; and (d) January 30, 2014, the payment period shall be determined as KRW 0.6% per month; and (e) in the event of the sale of the instant real estate, etc., repayment shall be made.”
C. The Plaintiff lent KRW 30,000,000 to the Defendant on October 15, 2012, and KRW 20,000,000 on January 25, 2013, and KRW 10,000,00 on February 4, 2013.
Accordingly, on February 8, 2013, the Defendant issued a certificate of borrowing that “60,000,000 won (hereinafter “the instant secondary loan”) was borrowed and received from the Plaintiff.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 4, and 6, and the purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant’s total amount of KRW 160,000,000 = 100,000,000.