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1. The Plaintiff:
A. Defendant B and Defendant C jointly share KRW 100,000,000 and as to this, Defendant B from March 17, 2015.
Reasons
1. Basic facts
A. On January 26, 2015, E donated F site and ground buildings (hereinafter “instant real estate”) to G. At the time, E delegated the application for registration to Defendant B, who had worked as the head of the office of H certified judicial scrivener office.
B. Around February 13, 2015, Defendant B received two copies of a certificate of personal seal impression from E while deeming that, if he/she voluntarily filed a gift tax report with the said E on or around February 13, 2015, he/she received two copies of a certificate of personal seal impression from E. On February 16, 2015.
C. On February 16, 2015, Defendant B, without specific delegation of E, prepared a mortgage agreement stating that E shall set up a maximum debt amount of KRW 110 million from the Plaintiff (Article 1-1 of the Loan Agreement (Article 1-1 of the Evidence A) with respect to the instant real estate by March 16, 2015, stating that the loan amount shall be KRW 100,000,000,000, and the actual loan amount shall be KRW 100,000,000,000,000,000,000,000,000,000,000,000,000 won.
The loan repayment agreement of this case is written by Defendant C as “joint and several obligors” with Defendant C, Defendant C directly signed his signature at the time, and the specific daily handling at the above J Judicial Scriveners Office was in charge of Defendant D, a chief secretary, according to the Plaintiff’s delegation.
E. At the time, the Plaintiff transferred the amount of KRW 98,00,000,000, which was calculated by deducting 2 million interest, to E’s account, and the said money was arbitrarily used by Defendant B.
F. According to the aforementioned mortgage contract, the establishment registration of a collateral security agreement was completed with the debtor and the plaintiff as the collateral security holder. However, without the delegation of the defendant B, the establishment registration of a collateral security agreement was made in the name of the plaintiff by forging documents, such as a collateral security agreement, and was made in the name of the plaintiff.