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1. The Plaintiff (Counterclaim Defendant) paid KRW 120,00,000 to the Defendant (Counterclaim Plaintiff) and its payment from April 2, 2013 to August 27, 2014.
Reasons
1. Basic facts
A. The Plaintiff’s East C borrowed money from the Defendant from around 2008, and the Plaintiff drafted to the Defendant a certificate of cash custody or of loan worth worth KRW 30 million on December 4, 2008, 200, KRW 90 million on February 25, 201, KRW 60 million on February 1, 201, and KRW 80 million on July 10, 201, respectively.
B. In addition to the above joint and several sureties, the Plaintiff created a collateral on each of the instant real estate owned by the Plaintiff to the Defendant as a security.
As of October 10, 2012, regarding the real estate of this case Nos. 1 and 7 as of October 4, 2008, the right to collateral security (hereinafter “the first right to collateral security”) created on December 4, 2008 remains with respect to the first right to collateral security (hereinafter “the right to collateral security”) of KRW 190 million with respect to the real estate of this case No. 1, 2, and 7, the right to collateral security (hereinafter “the right to collateral security”) established on July 10, 2012.
As of October 10, 2012, C’s obligation to borrow loans to the Defendant is KRW 500 million in total.
C. On October 14, 2012, the Plaintiff prepared and delivered a notarial deed on a promissory note (hereinafter “instant promissory note”) with a face value of KRW 169 million to the Defendant. On October 15, 2012, the Plaintiff created the right to collateral security (hereinafter “third collateral security”) of KRW 169 million with respect to each of the instant real property.
The Defendant applied for a voluntary auction on or around February 20, 2013 with respect to each of the instant real property. On or around March 11, 2013, the Plaintiff, through C, paid out KRW 340,000,000,000 in preference to the Defendant’s withdrawal of the auction and cancellation of the right to collateral security, and the remainder KRW 160,000,000 for the following three months, shall be repaid in the amount of KRW 20,000,000 for the next three months, and the remainder shall be repaid in credit. If the Plaintiff fails to pay KRW 20,000,000 for the next three months, it additionally set up a collateral security amount of KRW 28,00,000,000 for each of the instant real property.