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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay 32,658,909 won from the plaintiff and the defendant shall pay 32,658,909 won.
Reasons
1. The following facts do not conflict between the parties, or each evidence Nos. 1, 2, 2-1, 2-1, 3, 4-2, 1-4, 1-1, 2-2, 5, 1-2, 5, 1-2, 1-3, 3-3, 4-2, 1-2, 1-3 of 1-2, and 5 of 1-2, and 1-3 of 1-3, 6-2, 8, 12, and 15 of 1-2, and 5 of 1-2 (3) are presumed to be the authenticity of the entire document as a whole because there is no dispute over the above documents, and the testimony of the witness of 1-2, 3-2, and 15 of 1-2, and the witness of 3-2, 1-3, 3-2, and 5 of 1-2, and the witness of 1-3.
On August 7, 2007, the Defendant agreed to the Plaintiff as 2% per month interest rate of KRW 10,000,000 and lent to the Plaintiff, and received reimbursement of KRW 8,00,000 from the Plaintiff.
B. The Defendant lent KRW 5,00,000 to the Plaintiff on January 24, 2008.
C. The Plaintiff’s ASEAN owned each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). However, the Plaintiff filed an application for the auction of real estate rent with Pyeongtaek-si Mutual Savings Bank, Inc., a mortgagee of each of the instant real estate, for the auction of real estate rent to Daejeon District Court, Daejeon District Court, and the said court rendered a decision to commence the auction of real estate rent on March 6, 2008, thereby proceeding with the voluntary auction procedure for each of the instant real estate.
On April 17, 2008, the Plaintiff issued and delivered a certificate of borrowing that the Plaintiff borrowed KRW 70,000,000 from the Defendant at a rate of 3% per month (hereinafter “certificate of borrowing”).
E. On May 7, 2008, the Plaintiff received on May 1, 2008 from E the registration of ownership transfer for each real estate of this case under the name of the Plaintiff, and completed the registration of ownership transfer for sale on May 1, 2008, and each real estate of this case to the Defendant on May 7, 2008.