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1. The Defendant’s KRW 33,089,626 as well as the Plaintiff’s annual rate from March 9, 2018 to September 7, 2018.
Reasons
1. Determination as to the cause of claim
A. Fact 1) On February 14, 2012, between the Plaintiff and the Defendant, a loan transaction agreement was formulated between the Plaintiff and the Defendant with the following content (hereinafter “instant loan agreement”).
(2) The Plaintiff paid a loan under the instant loan agreement. Moreover, on the same day, the Plaintiff is the Plaintiff’s 2,694 square meters (hereinafter “instant land”).
(2) On February 13, 2012, the Plaintiff completed the registration of ownership transfer on the ground of donation on February 13, 2012, and completed the registration of ownership transfer with the maximum debt amount of KRW 110,50,000 to the Defendant. The Plaintiff’s loan amount of KRW 85,00,000 starting date: February 15, 2012: the expiration date of the loan period: interest rate of February 15, 2015: the Defendant filed an application for voluntary auction against the instant land with the Youngju District Court Dong-dong Branch D, and received dividends of KRW 33,089,626 (hereinafter “instant dividend”).
3) The Defendant filed a lawsuit against the Plaintiff seeking payment of the remainder of the principal and interest pursuant to the instant loan agreement, excluding the instant dividend, among the principal and interest pursuant to the Daejeon District Court Decision 2016Da15317. On May 11, 2017, the said court recognized that the instant loan agreement was concluded by E, who was the former president of the Defendant, in order to avoid the limitation on the amount of loans to the same person, and that the Plaintiff did not actually use the loans pursuant to the instant loan agreement, and subsequently, the instant loan agreement was deemed null and void as a false conspiracy and void, and the said judgment became final and conclusive, and the said judgment became final and conclusive. Meanwhile, the Defendant filed a lawsuit against the Plaintiff seeking payment of loans pursuant to a separate loan agreement, other than the instant loan agreement, with the Daejeon District Court 2016Ka15300, which was the Daejeon District Court 2016Ga15300, and sentenced the said court to accept the Defendant’s claim on November
Accordingly, the plaintiff appealed and the above court was above on January 31, 2018.