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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. Defendant B is a certified judicial scrivener who operates a certified judicial scrivener office, and Defendant C is a person who had worked as a chief secretary at the above certified judicial scrivener office until 2011.
B. On April 13, 2010, the Plaintiff, upon introduction by Defendant C, lent to D KRW 100,000,000,000 calculated by deducting KRW 2.5 million from the pre-paid interest and fee of KRW 2.5 million from KRW 100,000,000,000 annually, at 30% interest rate.
(hereinafter “instant loan”). (c) The instant loan
D On April 13, 2010, with respect to the registration of the establishment of a mortgage (hereinafter “instant real estate”) consisting of the Plaintiff and F, the obligor D, the maximum debt amount of KRW 150 million, and the registration of the establishment of a mortgage (hereinafter “the instant real estate”). D, the Plaintiff and F, the obligor D, and the maximum debt amount of KRW 150 million, was completed.
At the time of the instant lease, the establishment registration of a right to lease on a deposit basis, which caused KRW 120 million to the National Agricultural Cooperative Federation, the debtor G, the maximum debt amount of KRW 60 million, and the establishment registration of a right to lease on a deposit basis, which was completed on June 29, 201 with the duration of the right to lease on a deposit basis. As to the said right to lease on a deposit basis, the registration of a right to lease on a deposit basis, which was completed by the debtor H, the mortgagee, the mutual savings bank, the maximum debt amount of KRW 1
E. At the time of the instant lease, Defendant C prepared a letter (Evidence 2) stating that “In borrowing the principal amount of KRW 100 million with the borrower’s name, Defendant C shall not raise any civil or criminal objection against the application for a compulsory auction of the said real estate at the time of delay for three months in arrears,” and, at the bottom of the document, stated that “The right to collateral security shall be created in the second order of KRW 150 million with the creditor A and the maximum debt amount of KRW 150 million with the second order of KRW 100 million with the lender A and the maximum debt amount of the said real estate,” and signed his signature and affixed his official seal with the name and seal of Defendant B’s certified judicial scrivener.”
(F) On the other hand, the Plaintiff failed to repay the above loan properly, and thus, on the instant real estate.