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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the overall purport of the pleadings as to the entries in Gap evidence Nos. 2, 3, and 6 (including a serial number; hereinafter the same shall apply), the facts that the plaintiff and the defendant concluded each contract to establish a mortgage of KRW 50,000 with respect to 30,000 square meters and the maximum debt amount on the ground of the building owned by the defendant on August 28, 2014, the defendant concluded each contract to establish a mortgage of KRW 294.8 square meters and the maximum debt amount on the building owned by the defendant on August 28, 2014; the defendant completed the registration to establish a mortgage in accordance with the above contract on the following day; the fact that each of the above mortgage registration was cancelled on January
2. On August 29, 2014, the gist of the cause of the claim: (a) the Plaintiff remitted KRW 35,000,000,000, which was determined and lent to the Defendant at the maturity of 4 to 5 months after the maturity of 4 to 5 months; and (b) the Plaintiff completed the registration of the establishment of a neighboring mortgage as a security therefor; (c) thereafter, (d) “I will repay the loan with the loan from a financial institution or re-establish the right to collateral security after obtaining the loan from the financial institution upon cancelling the registration of the establishment of a neighboring mortgage.”
Therefore, the defendant is liable to pay the above loan and damages for delay to the plaintiff.
3. According to the statements in Gap evidence Nos. 1, 4, and 5 as to the cause of the claim, it is recognized that the plaintiff remitted KRW 35,000,000 to the passbook in the name of the defendant on August 29, 2014.
However, the following circumstances, which can be acknowledged in full view of the statements in Eul evidence Nos. 1, 2, 4, and 5 and the testimony of witness D (except for the parts not trusted in the front and rear) are as follows: ① there is no way to see, i.e., the plaintiff and the defendant; ② there is no way to see, e., the plaintiff’s father; ② E, the plaintiff’s mother’s mother, has lent the business fund to G through F; ③ in this process, E has a total of KRW 35,00,000, and used each plaintiff and the defendant’s passbook; ④ the above KRW 35,00,000 was placed on the side of the passbook in the above passbook in the defendant’s name after the above remittance; ⑤ F is to E as above.