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1. The transfer security register No. 740, 2016, drawn up by a notary public on November 9, 2016 by a law firm's person.
Reasons
1. Basic facts
A. On November 7, 2014, the Defendant and the Defendant-type B leased KRW 1.1 billion to C on the due date without interest, as of October 6, 2015. On the same day, C completed the registration of the establishment of a neighboring site D ground building, etc. (hereinafter “instant golf course”).
B. C, even after the due date, failed to repay the above loan debt, and on June 17, 2016, C and the Defendant and B set up a collateral security right at KRW 1.32 billion with respect to the corporeal movables of the instant golf course (hereinafter “the instant corporeal movables”).
C. The Defendant and B filed an application for voluntary auction of the instant corporeal movables around August 2016, as C did not repay the above loan debt.
E, September 1, 2016, the Defendant and B agreed to take over the instant golf course and the instant corporeal movables at KRW 1150 million from the Defendant and B, and on the same day, the Defendant prepared and issued a loan certificate with the following contents:
Principal: 1150 million won due date: E, September 12, 2016, borrowed the above amount without framework under the above conditions, and upon repayment, the Defendant shall transfer the credit to C and the collateral security facilities of the golf practice range.
E. Meanwhile, on September 1, 2016, E borrowed KRW 513,500,000 as the successful bid price for the instant corporeal movables from the Defendant, and received a successful bid for the instant corporeal movables in the said voluntary auction procedure.
F. On November 9, 2016, the Defendant drafted the instant notarial deed with the Plaintiff and the UPSA Co., Ltd. (hereinafter “UPSA”) as follows:
Article 1 (Loan of Money) The Defendant lent the money to the Plaintiff and the U.S. E.F. club on September 1, 2016, to the Plaintiff, and the Plaintiff borrowed the money.
Article 2 (Period and Method of Performance) The payment key shall be by September 12, 2016.
Article 3 (Interest) Interest shall be calculated at the rate of 15% per annum and shall be paid at the time of repayment of principal.