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1. The Plaintiff (Counterclaim Defendant) paid KRW 21,66,666 to the Defendant (Counterclaim Plaintiff) and its related amount from June 8, 2017 to March 15, 2018.
Reasons
1. Determination on the main claim
A. (1) D Co., Ltd. (a) concluded a loan to D and a real estate collateral trust agreement, and D applied for a loan to the Plaintiff in order to create a shortage of construction cost in constructing five multi-family houses (one "F" and the building "the building of this case") for lease on the land outside of 11, the wife population E and the 11, respectively. At the time, the above land was trusted to G, and H Co., Ltd. had a right to collateral security amounting to KRW 7.93 billion with the maximum debt amount. (b) On April 19, 2012, the Plaintiff Co., Ltd. established the 3.25 billion loan amount, one year, loan interest rate of KRW 9.8%, loan amount of KRW 100,000,000, KRW 500,000,000, KRW 50,000 and KRW 5,000,000 as the average trust contract (hereinafter "the building of this case, 4,0005,50).
(D) The main content of the instant trust agreement as of April 30, 2012 is as follows.
Article 2 [Period of Trust] Attached 2-1: Attached 2-1: Article 3 [beneficiary] Attached 2-2] from the date of trust registration (the automatic extension by two years until the expiration of the claims of the first beneficiary) / [beneficiary] Attached 2-2] : Plaintiff (the maximum amount of profit is KRW 780 million) or M Dong: Plaintiff (the maximum amount of profit is KRW 792 million from L to N, KRW 74 million in Mdong) 1st Plaintiff (the maximum amount of profit is KRW 792 million, KRW 74 million in Mdong) 2nd H
Amount of profit limit shall be 1.4 billion won by each building.