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Reasons
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(영문) 서울고등법원 2019.06.13 2018나2000280
대여금
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1. According to the second preliminary counterclaim that was filed by this court, the Plaintiff (Counterclaim Defendant) respectively.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant borrowed KRW 30,00,000 from the Plaintiff on June 25, 2010 as interest rate of KRW 2.5% and maturity of payment on June 25, 2011. 2) The Defendant borrowed KRW 30,000,000 from the Plaintiff as of September 30, 201 from the Plaintiff on October 1, 201, and issued a promissory note (No. 18-2) with a face value of KRW 30,00,000,000 to the Plaintiff on October 1, 2011.

3) From October 201 to September 201, the Defendant borrowed KRW 30,000,000 each time on two occasions from September 2011, respectively, and KRW 100,000,000 each time on September 20, 201. 4) The Defendant prepared a loan certificate with the effect that the Defendant borrowed KRW 220,000,000 to Plaintiff A on September 20, 201 (Evidence 12 evidence) on September 20, 201 (hereinafter “the first loan obligation was established, and thus the first loan obligation was extinguished) to secure the first loan obligation, with the maximum debt amount of KRW 1 to KRW 1 to 30,00,00 and KRW 220,000,00 for Plaintiff A’s forest owned by the Plaintiff on September 20, 2011, and the maximum debt amount of KRW 1 to 20,000,000,000 for the first loan obligation.

(hereinafter referred to as the “mortgage 1” is the “mortgage 1”. (b)

The second loan 1) The Defendant additionally borrowed KRW 90,00,000 in total from the Plaintiff on November 7, 2011, April 29, 2012, and June 8, 2012, respectively (hereinafter “second loan”).

(2) On September 24, 2012, the Defendant entered into a pre-sale agreement with Plaintiff B, the wife of Plaintiff A, and with respect to the purchase price of KRW 350,000,000, and deposit money of KRW 310,00,00,000 with respect to the purchase price of KRW 1,136,00,00,000 with respect to the purchase price of KRW 1,862 square meters prior to Kimpo-si, Kimpo-si, the Defendant owned by the Defendant (hereinafter “second-party land”), and completed the registration of the right to claim ownership transfer on the basis of the pre-sale agreement with the Plaintiff on each of the above lands on September 25, 201.

C. 1. The 2nd land of the first instance of demurrer against the distribution.

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