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1. The defendant-Counterclaim plaintiff's appeal and the defendant-Counterclaim claim filed in the trial are all dismissed.
2.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 12, 2012, the Defendant loaned KRW 400 million to C on December 12, 2012, and paid KRW 450 million on June 11, 2013. However, the Defendant agreed to pay damages for delay at 30% per annum after the due date, and the Plaintiff and D affixed affixed their signatures and seals on the letter of obligation to pay the borrowed money.
(hereinafter referred to as “the primary loan”). B.
C In order to secure the debt of the first loan of this case on December 12, 2012, the Defendant entered into a trade promise with the Defendant on June 11, 2013 on the purchase price of KRW 450 million with respect to No. 3302, Yeongdeungpo-gu, Seoul, Seoul, and the date of the completion of the purchase promise, and completed the registration of the right to claim ownership transfer with respect to the said real estate on the same day.
C. On February 20, 2013, the Defendant lent KRW 700 million to F Co., Ltd. (the representative G; hereinafter “F”), and agreed to receive reimbursement of KRW 1 billion on July 20, 2013, and agreed to pay damages for delay at 30% per annum after the due date. The Plaintiff and D affixed their signatures and seals on the letter of performance of money borrowed.
(hereinafter referred to as “the second loan”). D.
On February 20, 2013, the Plaintiff, F, and D issued to the Defendant a promissory note in Seoul Special Metropolitan City at the face value of KRW 1 billion, the date of issuance, February 20, 2013, and July 20, 2013, the date of payment, and the place of payment, respectively. If the payment of the said promissory note is delayed, the Plaintiff, F, and D also prepared and delivered a promissory note accepting compulsory execution (hereinafter “instant notarial deed”) to the Defendant on the same day. In addition, the Plaintiff was newly constructed on the Busan-gu Busan-gu H (which changed its lot number to I) in order to secure the Defendant’s debt of the instant secondary loan.