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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 27, 2006, the Defendant completed the registration of the establishment of a mortgage on the Daegu-gu land and its ground buildings owned by the Defendant to the Plaintiff, 350,000,000 won with respect to the maximum debt amount, and the debtor, the Defendant, and the mortgagee as the Plaintiff.
B. On September 25, 2014, the Defendant drafted to the Plaintiff an agreement with the following content:
(hereinafter referred to as the “Agreement of this case”) A. D. D. A. The Agreement as follows with respect to the delayed payment of 350,000 won of the credit borrowed from A.
- - Future -
1. B as a result of the development project with respect to eight parcels, including Daegu Metropolitan City D and Seo-gu, Seo-gu, and eight parcels, the development service cost incurred when the development has been implemented by September 30, 2015 shall be immediately paid to the creditor A 600 million won;
Provided, That if the development is not implemented by the agreed date, this Agreement shall become null and void, and the principal shall be paid separately.
2. The obligee A shall exercise at will the right to collateral security for a gold of KRW 3.5 million on or after October 1, 2015.
Provided, That if the agreement under paragraph (1) above has been invalidated, the right to collateral security shall be exercised at any time.
C. On February 2, 2015, the Defendant sent text messages to the Plaintiff to the effect that, upon the Plaintiff’s request, the Plaintiff deleted “development service costs incurred” among the content of the instant agreement and add the phrase “interest group.”
Around October 23, 2014, the Defendant sold the above land and buildings to E, and the Defendant agreed E to repay KRW 350,000,000 to the said collateral security obligation, and E deposited KRW 350,000 in the name of the Plaintiff deposited the deposited money on March 3, 2015.
[Reasons for Recognition] Each entry in Gap's Evidence Nos. 1, 4, 6, 7, 9 (including each number)
2. Summary of the assertion and the judgment thereof
A. The summary of the assertion (1) On September 30, 2005, the Plaintiff lent KRW 350,000,000 to the Defendant on a monthly basis and on February 28, 2006, with the maturity of payment fixed by 2%, and the borrower from the Defendant under the name of F, etc. who is not the Defendant.