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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit, and appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and the counterclaim.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts (1) The Plaintiff is attached to the Defendant from July 11, 2007 to December 31, 2013.
1. The Plaintiff and the Defendant agreed to lend each of the money indicated in the “loan” table on the pertinent date (total: KRW 1,727,00,000) and the interest amount exceeding 30% per annum on each of the above loans.
(2) From June 7, 2008 to January 15, 2015, the Defendant is attached to the account of the Plaintiff, the Plaintiff’s ScheduleO, and the Plaintiff’s father H.
1. Of each money entered in the table of appropriation of performance (hereinafter “performance”) 7 and 9, the remaining money was remitted on the corresponding day except for each money (75,00,000,000 won, 80,000 won) set forth in the table of appropriation of performance
[Total: 2,194,898,000 won (=2,349,898,000 won - 155,000,000 won). (3) On September 10, 2008, the Defendant completed the registration of ownership transfer on the ground of sale on June 7, 2008 with respect to the above Fdico No. 401 (former portion: 64.32m2m2; hereinafter “instant 402m2”) No. 4014, May 26, 2009 with respect to the Plaintiff, where the registration of ownership transfer was completed under the above P’s name, the ownership transfer was completed on May 26, 2009.
(4) On the other hand, on September 10, 2008, the Plaintiff completed the registration of creation of a mortgage (No. 102167, Sept. 10, 2008, received, and delivered to the Defendant, a loan of KRW 80,00,000 from the Korea Gyeyang Agricultural Cooperative, the maximum debt amount of KRW 96,00,000,000,000,000,000,000 to the Defendant, which is the Plaintiff.
(2) On May 26, 2009, the Plaintiff extended a loan of KRW 80 million from the Seoul milk cooperative (hereinafter “instant loan”). Moreover, on May 26, 2009, the Plaintiff completed the registration of the establishment of a mortgage on the instant 401 to the Seoul milk cooperative, the maximum debt amount of KRW 96 million, and the debtor’s establishment of a mortgage on the instant 401.