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1. The Defendant (Counterclaim Plaintiff) jointly and severally claimed KRW 88,400,000 against the Plaintiff (Counterclaim Defendant) and KRW 80,000 among them.
Reasons
1. Basic facts
A. From February 2005 to September 2006, the Plaintiff, who runs a business of operating the number fraternity and corporate bonds play, operated the number fraternity of KRW 20 million per month (hereinafter “instant number fraternity”) with the limit of KRW 1.2 million per month after the receipt of the limit money.
B. Around February 11, 2005, Defendant B subscribed to one unit in the name of 5 units, 1 unit, and 5 under the name of d, in the name of 5 units, 5 units, and 30 million won in the name of d on the same day, and borrowed KRW 100 million from the Plaintiff in the manner of first receiving KRW 100 million in total (hereinafter “the instant loan” or “the instant loan”) by borrowing five units from the Plaintiff in the manner of first receiving KRW 500 million in the name of d (hereinafter “payment”). Around February 11, 2005, Defendant B decided to repay the said amount after receiving KRW 70 million in the above KRW 100 million and received the remainder of KRW 30 million in the last payment.
C. Around February 11, 2005, Defendant C jointly and severally guaranteed Defendant B’s debt of the loan of this case. On February 17, 2005, as security for the loan of this case on February 17, 2005, Defendant C completed the registration of the establishment of a mortgage over the real estate indicated in the separate sheet for the Plaintiff as security for the loan of this case.
Defendant B paid all the deposit amounts for one unit in the name of E and one unit in the name of E from February 2005 to September 2005. However, Defendant B paid 48 million won in total on eight occasions from February 2005 to September 2005 (i.e., KRW 1.2 million x 5 x 8 months x 8 months). From October 2005 to September 2006, Defendant B did not pay 72 million in total (=1.2 million x 5 x 12 months).
E. On June 29, 2007, the Plaintiff cancelled the registration of the establishment of the above maximum debt amount of KRW 70,000,000,000 as to the real estate indicated in the separate sheet, and the Plaintiff, the Defendant C, and the Defendant C, as to the real estate indicated in the separate sheet, on the same day, the obligor C, in the future