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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 8, 2009, the Defendant issued a promissory note (hereinafter “instant promissory note”) to the Defendant on October 8, 2009, which was KRW 30,000,000, monthly interest rate of KRW 2%, and the date of payment of interest rate of KRW 7,000 to secure the above loan claims (hereinafter “the instant loan”). On October 8, 2009, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the Plaintiff, the mortgagee, the Defendant, the maximum debt amount of KRW 45,00,00 for the Plaintiff, the Plaintiff’s issuer, the date of issuance, Seoul, the date of payment, April 17, 2010, Seoul, and the date of payment of KRW 45,000,00 for a promissory note (hereinafter “instant promissory note”).
B. On July 20, 2016, the Defendant filed an application for voluntary auction based on the instant right to collateral security, and rendered a final decision of permission for temporary sale on July 9, 2019.
C. On July 2016, the Defendant was sentenced to a judgment of a fine of KRW 1 million on October 25, 2018, on the following facts: “The part stating “1% prior to each month of loan interest rate” was altered to “2% prior to each month,” and the said judgment became final and conclusive around that time.”
[Reasons for Recognition] Gap 1, 6, 7, 10 evidence, Eul 1, 3, 7 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion was made by deceiving the plaintiff at the time of the above loan, making the plaintiff sign and seal a promissory note with a face value of KRW 45 million which is KRW 30,000,000 and then received delivery.
Since the above promissory note face value KRW 45 million is acquired by deception by the defendant by deceiving the plaintiff, a crime of fraud is established against the above KRW 45 million, the legal act between the plaintiff and the defendant must be revoked.
In addition, the Plaintiff and the Defendant newly drafted a loan agreement with a loan interest at 1% per month on June 25, 2015, and the said agreement was made on June 25, 2015.