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1. After receiving KRW 364,728,60 from the Plaintiff, the Defendant stated in attached Table 1.
Reasons
1. Basic facts
A. The plaintiff was the legal couple who completed the marriage report on September 3, 1975.
B. B, on February 20, 1982, with respect to the instant 2 real estate on February 20, 1982, the owner completed the respective registration of transfer of ownership as to the instant 3 real estate on August 29, 1989.
C. On August 13, 2013, B, as a person who has pledged his/her property to secure another’s property, completed the registration of creation of a mortgage of each of the instant cases where the Defendant “the debtor C (representative director B), the mortgagee of the right to collateral security, the defendant of the right to collateral security, and the maximum debt amount are KRW 360,00,000, and the first, second, and third real estate of this case as joint collateral and the contract to establish a contract on August 13, 2013.”
B and the Defendant’s major contents of the mortgage contract concluded on August 13, 2013, which were related to the instant case, are as follows:
Next, the scope of secured debt: The amount of maximum debt to be borne by the debtor (a limited liability company C) currently and in the future due to transactions of the kind of loan transaction for small and medium enterprise: 360,000,000 won: A future-designated type which does not specify the settlement term: Provided, That the lender may notify in writing the settlement term from three years after the date of the contract.
E. On July 1, 2015, the Defendant entered into a credit transaction agreement with a limited liability company (hereinafter “the first credit transaction”). On August 27, 2015, the account name entered into a credit transaction agreement with a small and medium enterprise loan, the credit limit amount of KRW 150,00,00,000, and the loan use of the funds amount of KRW 50,000,000, and the credit transaction agreement with a raw material purchase fund (hereinafter “the second credit transaction”). On May 30, 2016, the account name entered into a credit transaction agreement with a small and medium enterprise loan, the credit limit amount of KRW 25,00,00,000, the loan amount of KRW 150,000,000, the loan use of the funds amount of KRW 150,000,000, and April 29, 2016 (hereinafter “the third credit transaction”).