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1. The Defendant’s KRW 37,500,000 as well as 5% per annum from May 19, 2017 to July 19, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of Jongno-gu Seoul Metropolitan Government Land and its ground buildings (hereinafter “C real estate”) and Seongbuk-gu Seoul Metropolitan Government D Land and its ground buildings (hereinafter “D real estate”).
B. Around March 2012, the Plaintiff asked F to the loan broker, who has operated the K in the dispute settlement center, to provide loans to KRW 700 million or KRW 800 million as security, and on March 13, 2012, the Plaintiff borrowed the said real estate at KRW 250 million from the Defendant, KRW 200 million from G, KRW 250 million from H, and KRW 250 million from H, KRW 200 million from the loan broker, KRW 200 million from H, and KRW 2.5% from the interest month.
C. On the same day, in order to secure each of the above loans, the Plaintiff created the H-mortgage under the name of the Defendant with the maximum debt amount of KRW 375 million, the maximum debt amount of KRW 150 million, and the G-mortgage with the maximum debt amount of KRW 375 million, each of which was set up in the name of H, with the title of the maximum debt amount of KRW 375 million, and created the H-mortgage (the secured debt amount of KRW 150 million) with the real estate owned by another Plaintiff with the maximum debt amount of KRW 300 million.
On May 16, 2012, the Plaintiff received a loan of 600 million won from the IF, and on the same day, deposited 300 million won (amount of 250 million won) to the Defendant, 200 million won (amount of 200 million won) to G, and 100 million won (amount of 250 million won) to H, according to F’s instructions, and each right to collateral security in the name of the Plaintiff established on C real estate was cancelled on the same day.
E. On June 27, 2012, the Plaintiff borrowed an additional loan of KRW 50 million from H, and completed the registration of creation of chonsegwon in the name of H on the D real estate as collateral.
F. On July 12, 2013, H filed an application for voluntary auction of D real estate on or around July 12, 2013, and the Plaintiff filed a deposit of KRW 59,757,471 (No. 1634, Jun. 13, 2013) with H on August 13, 2013, and filed a claim for cancellation of the registration of the establishment of the neighboring district court.