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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
Basic Facts
The reason why this Court is used in relation to this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
On August 23, 2005, D received the instant loan from Defendant B on the same day, and lent KRW 100 million to Defendant B as the purchase price of the land listed in [Attachment 1] No. 13 of the real estate list (hereinafter “instant land”). The above Defendant agreed to receive interest for KRW 100 million in accordance with the interest rate on the instant loan.
Since then, Defendant B paid interest on the above loan to the Plaintiff by September 2010.
Since the Plaintiff acquired the principal and interest of the loan to Defendant B from Defendant D, Defendant B is obligated to pay the principal and interest of the loan to the Plaintiff.
Defendant B asserted that Defendant B purchased the instant land from F in KRW 250,80,000,000,000,000,0000,000 from the said purchase amount to D and demanded F to transfer KRW 200,000 out of the said purchase amount, and required F to borrow KRW 50,000,000 in shortage from D and pay it to F.
Therefore, the principal of the loan claim against Defendant B is not KRW 10 million but KRW 50 million.
Defendant B acquired the claim for indemnity against D due to the subrogation of this case. Of the above amount of credit, the remainder of the claim except the amount repaid during the voluntary auction procedure of this case shall be offset against the Plaintiff’s claim for indemnity against Defendant B.
Judgment
D A. The fact that the Plaintiff loaned KRW 50 million out of the above KRW 100 million to Defendant B, as alleged by the Plaintiff, is recognized by Defendant B. According to each of the evidence Nos. 2-1 and evidence Nos. 3-1 and 2, D transferred the above loans to Defendant B and its interest claim after October 2010 to the Plaintiff on June 5, 2014, and on the same day.