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1. The Defendant shall pay to the Plaintiff KRW 49,491,072 and the interest rate of KRW 15% per annum from October 13, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff, who was an office of the Defendant Co., Ltd. (hereinafter “instant company”), recommended the instant company to make an investment to the effect that “The instant company would collect and make profits from the purchase of non-performing loans, and would pay to investors a 16-24% profit in comparison with the investment amount and return the investment amount at any time,” and invested KRW 90 million in the instant company until October 5, 2010 (hereinafter “the initial investment amount”).
On the same day, the Plaintiff was issued by the Defendant a certificate of borrowing that “if the instant company was erroneous, the Defendant will be held responsible for it” (hereinafter “the instant certificate of borrowing”).
B. After collecting KRW 90 million in early investment from the Plaintiff, the Plaintiff re-investmented KRW 20 million on September 6, 201, KRW 50 million on September 27, 201, KRW 20 million on September 27, 2011, KRW 20 million on October 21, 2011, KRW 30 million on December 14, 201, KRW 30 million on December 21, 201, KRW 30 million on December 23, 201, KRW 20 million on December 23, 2011, KRW 30 million on December 27, 201, KRW 50 million on January 5, 201, KRW 200 million on December 27, 201, and KRW 300,000,000 on December 31, 202.
C. On April 2, 2012, the Plaintiff completed the registration of establishment of a neighboring mortgage (hereinafter referred to as the “instant collateral security registration”) on March 29, 2012, with respect to D forest land owned by the Defendant (hereinafter “the instant land”). The Plaintiff completed the registration of establishment of a neighboring mortgage (hereinafter referred to as the “instant collateral security registration”) with the debtor, the mortgagee, the Plaintiff, and the maximum debt amount of KRW 90,000,000,000 as the grounds for registration.
The Plaintiff applied for a voluntary auction on the instant land to Seosan Branch E with the Daejeon District Court, where the investment amount to the instant company is not recovered, and received dividends of KRW 40,508,928 as a mortgagee around November 12, 2014.
[Ground of recognition] Facts without dispute, evidence A1 to 4, purport of whole pleadings
2. The plaintiff alleged by the parties: After collecting the initial amount of KRW 90,000,000 from the plaintiff, the defendant continues to have the loan certificate of this case valid, and the defendant continues to be liable for the performance of the investment amount.