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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is the owner of the C Building D, E, and F (hereinafter the above each building) at the time of leisure, and the owner of each building at the same time.
B. On November 27, 2018, the Plaintiff, the Defendant, G, and H drafted an agreement on the repayment of loan (No. 1; hereinafter “the instant loan certificate”) as indicated below (the instant loan certificate; hereinafter “the principal obligation based on the said loan certificate”) as follows.
(1) On November 27, 2018, the loan certificate I through V of this case is indicated additionally for the convenience of explanation: The address of the Plaintiff’s real estate: K name at each time: the amount borrowed: 230,00,000 won per day: the Defendant’s maximum debt amount of KRW 345,00,000,000 shall be secured as the owner of the said real estate and shall be received and borrowed from the Plaintiff on November 27, 2018 to the Plaintiff on the condition that the said real estate shall be received and borrowed from the Plaintiff on the condition that the Plaintiff would be 230,000,000 won, and if there is any falsity in the documents submitted at the time of the Plaintiff’s violation of the following clause, each person shall immediately repay the debt (the agreed date for the loan) in full, and even if at his discretion, the legal treatment of the Plaintiff’s real estate will be 10,000 won, 200% of the principal of the loan shall be 10,027% per day of this month.
Article 6 (debtors and Security Holders) and Joint suretiess, taking into account their financial power, credit, debt status, repayment plan, etc., borrow and receive the above money from creditors on a gold day on the premise that there is no defect in the legal superficies or preferential rights to payment (such as national tax unpaid, local tax unpaid, unpaid wage claims, etc.) stipulated in other Acts on the current security rights, and then borrow and receive it from you, and there is an obligor who agreed as above.