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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 12, 2014, the Plaintiff: (a) prepared and executed a loan certificate stating that KRW 70,000 won will be due on October 10, 2018; (b) interest shall be at 24% per annum; and (c) on the same day, the Defendant, his/her father, as his/her father, shall have due date set at October 10, 2017; and (d) written a loan certificate stating that interest shall be borrowed at 24% per annum (hereinafter “loan certificate”).
B. On May 22, 2014, the Plaintiff registered the establishment of a mortgage of KRW 60,000 (hereinafter “instant mortgage”) with respect to the vessel listed in the attached list owned by the Plaintiff (hereinafter “instant vessel”).
C. On March 19, 2019, the Defendant applied for a voluntary auction on the instant vessel to the instant court, and the said court rendered the said decision to voluntarily commence the auction on March 20, 2019.
(D) D. D.
C On February 28, 2019, on the part of the Plaintiff, filed a request for payment order against the Plaintiff for a loan of KRW 70,000,000 according to the first loan certificate with the Chuncheon District Court in the East Sea Branch. Upon the Plaintiff’s objection, the payment order was implemented as the litigation procedure No. 2019Ga158 of this Court.
On June 24, 2019, the instant case was referred to the conciliation procedure, and between C and the Plaintiff on June 24, 2019, the conciliation was concluded that “the Plaintiff shall pay C KRW 20,000 to December 31, 2019, and shall pay damages for delay calculated at the rate of 12% per annum from the date following the due date for arrears. The remainder of the claim shall be waived.
(hereinafter referred to as "prior mediation"). [Ground of recognition] The fact that there is no dispute, Gap 1 through 3, Eul 1 (including paper numbers), and the purport of the whole pleadings.
2. From 2012 to 2014, the Plaintiff’s assertion as to the cause of the claim borrowed KRW 11,162,00 in total from C several times, and KRW 11,58 million from the Defendant several times, and the Defendant borrowed KRW 11,152,767 to E Union.