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The plaintiff's appeal and the appellate court's additional claims are all dismissed.
costs of lawsuit after an appeal are filed.
Reasons
1. Basic facts
A. On September 17, 2010, the Plaintiff and the Defendant decided 450,000,000 to C at the interest rate of 3% per month and the due date of repayment on December 17, 2010.
Of the above 450,00,000 won, 50,000,000 won, 350,000,000 won was the money created by D respectively.
B. C repaid KRW 350,000,000 to the Defendant on February 14, 2011, and on the same day, the original Defendant and D are entitled to preferential reimbursement of KRW 350,000,000.
In the future, when the principal of the loan of the Plaintiff and D is repaid, the Defendant drafted a written confirmation (No. 26,250,000 won loan of the Defendant 350,000,000 won remaining interest, which is calculated by 2.5% per month for three months from November 16, 2010 to from the date of preparation of the above written confirmation (350,000 won x 2.5% x 2.5% x 3 months x 26,250,00 won).
(c)
C On December 20, 201, in order to secure the 100,000,00,000, out of the instant loans, the Defendant was designated as the first beneficiary (the maximum amount of KRW 150,00,000) under the real estate collateral trust agreement with respect to 5 G apartment units located in Jung-gu Seoul Metropolitan Government E-gu (hereinafter “instant apartment”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 23 and 29, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. Since the Defendant agreed to take the responsibility for the principal and interest of KRW 50,000,000 for the Plaintiff’s loan from C, the Defendant is obligated to pay KRW 60,000 to the Plaintiff (i.e., KRW 50,000,000 interest of KRW 50,000).
In addition, the Defendant received reimbursement from C in excess of KRW 350,000,000 for its own loan, and thus, the amount in excess should be paid to the Plaintiff according to the instant confirmation.
Although this part of the plaintiff's assertion is not clear, it is generally understood as the above argument and arranged.
B. A claim for damages is filed by selling five apartment bonds of this case.