beta
Text
1. The judgment of the court of first instance is modified as follows.
The loan agreement between the Plaintiff and the Defendant on April 14, 2014.
Reasons
1. Basic facts
A. On April 14, 2014, the Plaintiff entered into an agreement with CFC (hereinafter “CF”) on the lending of KRW 350,000 to the Plaintiff (hereinafter “instant loan agreement”), and CFC established a collateral security right at KRW 455,00,000 with respect to the land (hereinafter “instant land”) located in Yong-Namnam-Gun, the Plaintiff acquired ownership on April 15, 2014, to secure the obligation under the instant loan agreement.
B. On June 5, 2015, the Defendant succeeded to the legal relationship as to the instant loan agreement by absorbing C/S.
C. On August 18, 2015, the Plaintiff entered into a pledge contract with the Defendant regarding KRW 180,000,000, which the Plaintiff had against E for the purpose of securing the obligation under the instant loan agreement, as to the refund claim of KRW 180,000,00.
(hereinafter “instant pledge contract”). D.
By August 19, 2015, the Plaintiff paid KRW 22,431,861 in total to the Defendant under the name of partial return of interest and principal pursuant to the instant loan agreement.
E. Meanwhile, in collusion with I, J, K, and L, which was the C New Consultation President, and G and H et al., filed an application for a loan in excess of the same person with a security that significantly falls short of the amount of the loan due to the use of the loan by the borrower and the collateral value, the F et al., knowing that I et al., using another person’s name, intended to obtain a loan in excess of the same person’s limit by obtaining a loan in the C New Cooperation. F et al., even though it is well aware that I et al. was well aware that I would like to obtain a formal credit assessment for a person who borrowed the loan in the name of another person or calculates excessive appraised value without properly assessing the value of the real estate acquired and provided by I et al. under another person’s name.