1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

1. Basic facts

A. The Plaintiff’s wife F is the Defendant’s private village.

B. On December 26, 2008, with respect to D Apartment E owned by the Plaintiff on December 26, 2008, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “registration of creation of the right to collateral security”) with respect to D Apartment E, the maximum debt amount of KRW 300 million against the Plaintiff and the joint obligor, and the Plaintiff paid KRW 250 million to C on July 8, 2009, and the registration of creation of the right to collateral security was cancelled on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, and the purport of the whole pleadings

2. The parties' assertion

A. On December 2008, the Plaintiff asserted that the Defendant borrowed KRW 200 million from C with a view to raising funds necessary for the operation of “H store” located in G (hereinafter “H store”) upon his/her operation. The Plaintiff borrowed KRW 500,000 per month interest. At the Defendant’s request, the Plaintiff registered the establishment of the instant right to collateral security in order to secure the above loan obligation.

Around that time, the Defendant had I operate H Burial overall, and the Defendant paid the agreed interest to C during several months thereafter and suspended its payment, and C applied for auction based on the registration of the establishment of the instant right to collateral security. On July 8, 2009, the Plaintiff repaid KRW 210 million including the principal and interest in arrears of the secured debt registration of the instant right to collateral security.

Therefore, the defendant, who is the debtor of the registration of establishment of the right to collateral security of this case, is liable to repay the above amount to the plaintiff.

B. The Defendant’s assertion H sales outlet is the place of business owned by the Defendant, and I tried to rent and operate H sales outlet from the Defendant around December 2008.

At this time, I needed KRW 200,000,00,000 to be paid to the defendant, and it borrowed KRW 200,000 from C which he had known prior to that time.

except that it shall be provided to C.