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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. The plaintiff alleged that the plaintiff lent a total of KRW 30 million to the defendant on Nov. 25, 200 (hereinafter "loan") and KRW 20 million on Nov. 27, 2000 (hereinafter "the loan in this case"). The defendant set up a mortgage on the real estate in the name of C owned by the defendant to secure the payment of each of the above loans, and ordered C to issue a promissory note and deliver a promissory note to C to the plaintiff.
The Plaintiff was repaid the loan on November 25, 200. Of the instant loan, KRW 8,269,606 out of the loan was distributed on the basis of the collateral security established in the name of the said C, but the remainder was not repaid. As such, the Defendant is obligated to pay the Plaintiff the balance of the loan and the delay damages.
2. According to Gap evidence Nos. 1 and 5, the defendant's loan on November 25, 200 to the plaintiff as to the loan on November 25, 200, it is limited to the plaintiff's Dogra (hereinafter "Dogra") Dog-dong (hereinafter "Dog-dong").
A) The loan and loan are 102: (a) written statement stating that “A collateral security is established and borrowed in the indication of a real right on the basis of the foregoing real right,” and “B” was jointly and severally guaranteed by E; (b) on the same day, the Plaintiff prepared a written contract to establish a collateral security agreement with respect to the loan No. 102 in the name of C, and is recognized as having been created with the debtor C and the maximum debt amount of KRW 15 million.
However, in light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the lending of this case, and there is no other evidence to prove otherwise.
1. With respect to loans made on November 25, 200, the Plaintiff received a loan certificate prepared under the name of the Defendant, and the documents necessary to confirm the loan from C, F, etc. and to secure payment as examined below.