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1. The Plaintiff:
A. Defendant B shall complete the payment of KRW 688,619,961 and KRW 544,692,466 among them.
Reasons
Basic Facts
On January 21, 2016, the Plaintiff loaned KRW 300 million to Defendant B (hereinafter “the first loan”) on May 20, 2016, with the due date set at KRW 264 million. Defendant B paid the Plaintiff KRW 200 million on the same day to the mortgagee, Dongdaemun-gu Seoul (hereinafter “the instant D real estate”). In order to secure the Plaintiff’s first loan obligation, the Plaintiff and the maximum debt amount was registered to establish a mortgage on the instant D land and buildings owned by Defendant B, Dongdaemun-gu Seoul (hereinafter “the instant real estate”).
On March 11, 2016, the Plaintiff decided to lend KRW 300 million (hereinafter “the second loan”) to Defendant B on July 10, 2016 with the due date set as the repayment date, and paid KRW 264 million to the Plaintiff. In order to secure the Plaintiff’s debt for the second loan, Defendant B, on the same day, performed the registration of the establishment of a mortgage over the instant D real estate with the mortgagee and the maximum debt amount of KRW 390 million.
Defendant B prepared and ordered each cash custody certificate stating that the Plaintiff shall pay KRW 300 million on May 21, 2016 to the Plaintiff by August 20, 2016, and that KRW 300 million on July 10, 2016 shall be paid by August 10, 2016.
On April 19, 2016, the Plaintiff agreed to lend KRW 100 million (hereinafter “the third loan”) to Defendant C on July 18, 2016, with the due date set at KRW 91 million. In order to secure the Plaintiff’s debt for the third loan, Defendant C had the mortgagee, the maximum debt amount of KRW 130,00,000,000,000. In order to secure the Plaintiff’s debt for the third loan, Defendant C followed the registration of the establishment of mortgage for the Plaintiff, the mortgagee, and the maximum debt amount of KRW 130,00,000,000,000,000.
On June 17, 2016, the Plaintiff decided to lend KRW 100 million to Defendant C with the maturity date specified as September 16, 2016, and paid KRW 91 million to the Plaintiff. Defendant C bears the obligation to borrow the instant loan No. 4.