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1. The part of the claim for nullification of the mortgage contract among the lawsuit of this case is dismissed.
2. The plaintiff's surrounding circumstances.
Reasons
1. Basic facts
A. On September 20, 2004, the Plaintiff and Defendant B drafted a certificate of borrowing that “Defendant B shall borrow KRW 300,000,000 from the Plaintiff as interest rate of KRW 1% (payment on the 20th day of each month) and as of September 20, 2005.”
B. After that, on September 22, 2004, the Plaintiff and Defendant B drafted a notarial deed stating that “The Plaintiff borrowed KRW 300,000,000 from the Plaintiff on September 22, 2004 as interest rate of KRW 1% (payment on September 20), the due date for repayment, and September 22, 2005, and that if the obligation under the above loan contract is not fulfilled, the Plaintiff and Defendant B shall immediately be subject to compulsory execution (No. 686, 2004; hereinafter “instant notarial deed”). On the same day, the Plaintiff paid KRW 30,000,000 to the Defendant (hereinafter “the instant loan”).
C. However, Defendant B failed to properly perform its obligations under the instant notarial deed.
Accordingly, the Plaintiff filed an order against the Defendant to pay the instant loan amount with the Suwon District Court 2014Guj2282, the Suwon District Court 2015, and the judgment in favor of the Plaintiff (hereinafter “instant judgment”) was rendered on August 28, 2015, stating that “Defendant B shall pay to the Plaintiff 217,895,420 won and the amount equivalent to 12% per annum from September 22, 2008 to August 28, 2015, and 20% per annum from the following day to the date of full payment” (hereinafter “instant judgment”).
E. As to the instant judgment, Defendant B appealed as Seoul High Court No. 2015Na26650, but the lower court appealed on February 18, 2016, and thereafter appealed as the Supreme Court Decision 2016Da15785, but the instant judgment became final and conclusive upon receiving each of the instant judgment rendered on June 9, 2016.
F. On the other hand, as to the real estate listed in the separate sheet, Defendant B shall be on December 20, 2012.