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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On September 2006, the Defendant asked the Plaintiff to lend money to the Plaintiff upon the request of the actual operator of D Co., Ltd. (hereinafter “D”) who was constructing the main apartment (hereinafter “instant apartment”) and the representative director H to lend KRW 200 million of the construction fund.
B. On October 4, 2006, the Plaintiff: (a) obtained from the Defendant a certificate of borrowing with the purport that “250 million won shall be deducted from the interest rate of 1% per month; (b) on March 4, 2007, the Plaintiff borrowed the said money with the maturity of payment specified; (c) shall grant the registration of ownership transfer concerning the instant apartment E, F, and G to be constructed in the future (hereinafter “certificate of borrowing on October 4, 2006”); and (d) transferred KRW 2375 million to the Defendant on the same day on the same day.
C. On March 29, 2007, the Plaintiff, while additionally remitting KRW 300 million to the Defendant, was prepared with a loan certificate stating that “the above KRW 300 million and the above KRW 250 million on the loan certificate as of October 4, 2006 (the interest rate of KRW 1% on the total amount of KRW 550 million) shall be KRW 254 million by the right to sell real estate, and the additional amount of KRW 254 million by the right to sell real estate shall be borrowed, and the total amount of KRW 84 billion shall be paid as sales of the right to sell the apartment in this case upon completion of the apartment.”
(D) On April 23, 2007, the Plaintiff again remitted to the Defendant KRW 130 million on April 29, 2007, KRW 180 million on May 29, 2007, and KRW 180 million on May 29, 2007, and the obligor D on May 29, 2007, and the Defendant, a joint and several surety, written a loan certificate. The above loan certificate does not state interest agreement, but states that upon completion of the apartment house of this case, the amount of the loan shall be refunded as the sale price (hereinafter “the loan certificate”).
Afterward, the Plaintiff re-enters the Defendant KRW 30 million on June 14, 2007, KRW 20 million on August 16, 2007, KRW 6 million on August 20, 2007, and KRW 56 million on August 20, 2007.