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1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) who falls under any of the following order.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. (1) On February 23, 2010, the Defendant loaned KRW 10,00,000 to B, with the interest rate of KRW 19% per annum under subparagraph 3 of the General Terms and Conditions of Credit Union Credit Union Credit Transaction (hereinafter referred to as the “Special Terms and Conditions of Credit Union”) and the due date of repayment on February 23, 2013, and extended the due date of payment on February 22, 2013 to February 23, 2016. The Plaintiff entered into a comprehensive collateral security contract with the guarantee limit of KRW 10,00,000 on the above loan obligations as of February 22, 2013 (hereinafter referred to as the “principal obligation of this case”), and the Plaintiff’s obligation of the Plaintiff as “the guaranteed obligation of this case”).
(2) On May 2, 2011, the Defendant lent KRW 20,000,00 to B as interest rate of KRW 19% per annum under subparagraph 3 of the General Terms and Conditions of Credit Union Credit Union Credit Transactions (hereinafter “Credit Depository”) and due date of payment on May 2, 2014, and the Plaintiff jointly and severally guaranteed the above loan obligations against the Defendant on the same day.
(3) On February 25, 2013, the Defendant concluded a comprehensive collateral guarantee contract with respect to B’s loan obligations as KRW 27,00,000 on the same day, setting the guarantee limit amount of B’s loan obligations as KRW 27,00,000 (hereinafter “the principal obligation of this case”) and the Plaintiff’s loan obligation as KRW 27,00,000 on February 25, 2013.
B) On February 23, 2010, the Plaintiff entered into a mortgage agreement between the Plaintiff and the Defendant with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on the basis of the obligor B and the maximum debt amount, KRW 37,800,000, and on the same day, entered into a mortgage agreement with the Changwon District Court No. 4526, respectively.