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1. The plaintiff B's lawsuit shall be dismissed.
2. The plaintiff A's claim is dismissed.
3. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 3, 4, 6, 7, 8, 13, 14, Eul evidence Nos. 1, 2, and 3 (including paper numbers) and the whole purport of the pleadings, or are significant in this Court.
Plaintiff
B is the father of the plaintiff A, and E is the mother of the plaintiff A.
B. Since borrowing KRW 15 million from F on August 19, 2009, Plaintiff A continued monetary transactions and borrowed approximately KRW 271 million in total.
Plaintiff
A A A prepared a loan certificate stating the loan amount of KRW 150 million (hereinafter referred to as “the first loan certificate”) from F and delivered it to F at the time when the loan amount of KRW 1350,000,000,000,000,000.
Afterwards, Plaintiff A re-written a loan certificate stating the loan amount of KRW 150 million (hereinafter “second loan certificate”) at the time when the loan amount was 135 million in addition to F, and received a refund of the first loan certificate from F.
C. On November 7, 2009, Plaintiff B and E delegated the Plaintiff’s right to set up a mortgage on real estate owned by them.
Then, with the consent of the plaintiff A, the plaintiff F borrowed a loan of KRW 300 million (the sum of interest at KRW 271 million loaned by the plaintiff A to F, and the plaintiff A agreed to pay interest at KRW 300 million per month or 400 million per month) and as a security therefor, the plaintiff B made a loan certificate that is not written by the creditor (hereinafter referred to as "the loan certificate of this case") with the purport that the plaintiff A provides the real estate of KRW 467 square meters per month or 798 square meters per annum per annum per racing-si, and the plaintiff B returned the second loan certificate to the plaintiff D.
On the other hand, on November 11, 2008, F received KRW 577,075 from the Defendant for the purpose of investment deposit, and F borrowed KRW 10 million on August 28, 2009.
E. Regarding each of the instant real estates owned by the Plaintiff B, Daegu District Court.