beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. 1) On August 16, 2006, D Co., Ltd. (the Plaintiff’s fraud) borrowed KRW 300 million from E, which had engaged in credit business with the name of F as of August 16, 2006, at the maturity date of August 21, 2006, and at the rate of 48% per annum after the maturity date of payment. (2) D Co., Ltd, on August 21, 2006, drafted a notarial deed of money loan agreement (a notary public’s law firm No. 1041, 2006, hereinafter “notarial deed”) which contains a statement that the sum of the above loans KRW 300 million and the damages for delay will be paid by August 28, 2006, as of August 21, 2006.
The above notarial deed includes the contents of joint and several guarantee by the plaintiff and the plaintiff's denied G.
B. 1) On April 17, 2008, the Defendant, as E, paid KRW 200 million to D upon D’s request (as KRW 88,200,000,000 on April 17, 2008, KRW 23,000,000 on April 23, 2008, and KRW 87,30,000 on April 24, 2008, as D’s account, and the remaining KRW 4.5 million on April 24, 2008, as the difference, was deducted as the cost of establishing a mortgage.
(2) On April 17, 2008, the creditor of the defendant and the principal debtor as H, paid the total of KRW 200 million and KRW 800 million, including the above KRW 300 million and damages for delay from E, up to July 16, 2008, and the interest rate for delay is 20% (No. 667, 2008; hereinafter referred to as "No. 2 notarial deeds").
(2) The above notarial deed contains the contents of the joint and several guarantee by D and D C.
C. The Plaintiff’s establishment of the right to collateral security and voluntary auction 1) on April 24, 2008, each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) to the Defendant on April 24,
2) The Plaintiff, the mortgagee, the mortgagee of the right to collateral security, and the maximum debt amount of which are KRW 150,000,000,000 (hereinafter “instant right to collateral security”) have completed the registration of creation of a neighboring mortgage (hereinafter “instant right
(ii) 2.