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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 266,803,484 and the Plaintiff’s 186,846,920 among them, the Defendant (Counterclaim Defendant)’s KRW 266,80 and KRW 186,846,920 among them.
Reasons
1. Basic facts
A. On August 29, 2006, the Plaintiff as the parties is a person who completed the registration of credit business with the name of Seoul Special Metropolitan City on August 29, 2006 (the date of the closure report on January 8, 2008) and the Defendant is a person who completed the registration of credit business with the trade name of D on October 31, 2006.
B. The Plaintiff was asked to lend KRW 300,000,000 from E and received KRW 70,000,000 from the Defendant on April 26, 2007. The Plaintiff entered into a loan transaction agreement with E on April 26, 2007 with “300,000,000,000 interest per annum, 30% per annum, and 48% per annum on June 26, 2007,” and the Plaintiff deducted 10% interest per annum pursuant to the above loan agreement, and then remitted KRW 20,00,000 to the account designated by E on April 26, 207, and paid KRW 70,000 to E (hereinafter “the instant loan”).
(2) On April 27, 2007, the Plaintiff and the Defendant concluded a mortgage agreement with the Plaintiff, the Defendant, and the maximum debt amount of KRW 300,000,00 with respect to the registration of the establishment of a mortgage (hereinafter “instant G real estate”) with respect to F’s name (hereinafter “E ownership or title trust”) (F’s name), F’s share of KRW 45/56, out of KRW 195, G, Dobong-gu Seoul, Dobong-gu, Seoul, and the above ground documentarymen’s title of KRW 195, and the two-story housing of KRW 44.53, and 44.53,00,00 (hereinafter “instant G real property”). The Plaintiff and the Defendant concluded a mortgage agreement with respect to the establishment of a mortgage (hereinafter “instant G real property”).
3) However, on June 25, 2008, the transfer registration of ownership (No. 63082) was made on the instant real estate in the F name under the name of E on June 25, 2008. On July 4, 2008, the registration of establishment of a neighboring mortgage under the name of the Plaintiff and the Defendant was cancelled on the grounds of termination. On July 4, 2008, the registration of establishment of a neighboring mortgage under the name of the Plaintiff and the Defendant was completed on July 4, 2008 under the name of the Defendant (No. 67513).
C. The Plaintiff, as of October 9, 2007, lent KRW 400,000 from E.