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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. On November 23, 200, the Defendants were paid KRW 30,000,00 from the victim, and there was no agreement that the Defendants paid KRW 30,000 to repay all the obligations as described in the facts charged. However, on the condition that the victim paid the remainder of the non-payment to Defendant B within several days, and the damages for delay thereof, Defendant B withdrawn the application for the F compulsory auction of real estate from the Suwon District Court (hereinafter “Yan District Court”) and agreed to cancel the provisional attachment only to some real estate owned by the victim.
B. The content of Defendant A’s testimony as stated in the facts charged in the case of a claim for objection of KRW 2010Kadan9356, Nov. 23, 2000, on the basis of the fact that he received KRW 30 million from the victim and directly appeared, and it does not constitute a case where Defendant A made a false statement contrary to memory.
2. Determination
A. The following facts can be acknowledged according to the evidence duly admitted and examined by the court below and the court below.
(1) On January 26, 1998, the victim borrowed 10,000,000 won from Defendant A, the wife of Defendant B, for the interest rate of 5% per month and on March 26, 1998, and on the same day, Defendant B guaranteed the above loan obligation.
(2) On January 30, 1998, in order to secure the above loan obligation, the victim completed the registration of creation of a mortgage on the share of the victim, among the 652m2 in Pyeongtaek-si Qu, Defendant A, the maximum debt amount of KRW 15,00,000, and the principal debtor as the victim.
(3) However, as the victim failed to pay the agreed interest on the loan even after the maturity date, Defendant B paid KRW 2,500,000 to Defendant A on June 26, 1998, and paid KRW 3% of the interest month from the victim, the certificate of borrowing as of July 26, 1998, and the certificate of borrowing as of September 20, 1999, the amount of KRW 4,000,000 to Defendant A and the amount of interest shall be paid from the victim 3% of the interest month.