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1. The defendant's KRW 130,000,000 for the plaintiff and 24% per annum from January 19, 2009 to April 28, 2009, and the following.
Reasons
1. Facts of recognition;
A. The Defendant requested the Plaintiff, a construction business operator, to lend construction expenses to E (the representative F) Co., Ltd. (hereinafter “E”) (hereinafter “E”), a construction business operator, as the construction cost was insufficient due to the lack of construction cost. In July 2008, the Defendant requested the Plaintiff to lend the construction cost to the construction business operator.
B. On July 17, 2008, the Plaintiff remitted to E each of the KRW 60 million, and KRW 50 million on August 29, 2008.
C. On August 28, 2008, the Defendant completed the registration of the establishment of a mortgage on G land, building and H land owned by the Defendant (hereinafter “registration of creation of a mortgage on the first place of the instant land”) with the Jeju District Court No. 61691, supra, with respect to the Plaintiff.
Until January 19, 2009, the Plaintiff and the Defendant and E shall be the loan amount of KRW 130 million,00,000,000,000, which added interest to the principal of the loan remitted by the Plaintiff to E until January 19, 2009, and the Plaintiff shall additionally lend KRW 200,000,000,000,000,000 in total, to the Plaintiff by April 28, 2009. The interest rate was 24% per annum, and the overdue interest rate was set at 30% per annum, and the loan certificate (hereinafter “the loan certificate of this case”).
(Plaintiffs did not pay KRW 200,000,000,000,00 to E.).
On January 20, 2009, the Defendant prepared the above loan loan certificate and completed on January 20, 2009, the registration of the establishment of the mortgage over the land C, I, J, K, and L with the maximum debt amount of KRW 250 million to the Plaintiff (hereinafter “the registration of the establishment of the second neighboring mortgage”).
F. After that, the Defendant filed a lawsuit against the Plaintiff seeking the cancellation of the registration of the establishment of the second place of the instant mortgage (Cheongju District Court Decision 2009Kadan764 decided to lend KRW 200 million to the Defendant as the construction cost in the instant case (Cheongju District Court Decision 2009Kadan764).