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The judgment of the first instance court is modified as follows. A.
Defendant B’s KRW 64,645,994 and KRW 40,000,00 among the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who has run a credit business in the name of “E” from December 6, 2004 to July 22, 2009. Defendant B is a person who has borrowed money from the Plaintiff, and Defendant C is a parent of Defendant B.
B. Around April 14, 2008, Defendant B borrowed KRW 60 million from F, and purchased the H land and its ground (hereinafter “each of the instant real property”) from G from the Plaintiff with the money lent from the Plaintiff around April 14, 2008. As to each of the instant real property, Defendant B completed the registration of ownership transfer on the ground of sale as of March 14, 2008 under the name of Defendant C on April 15, 2008. On the same day, the provisional registration of ownership transfer claim against the Plaintiff, the debtor, C, the debtor, the maximum debt amount of KRW 90,000,000,000 from the mortgagee, and the establishment registration of mortgage with the debtor C, the maximum debt amount, the maximum debt amount of KRW 60,000,000,000,000,000 from the mortgagee, each of the instant real property was completed.
C. In addition, on September 30, 2008, Defendant B delivered to the Plaintiff a promissory note with a face value of KRW 40 million and that indicated as the Defendants’ issuer (hereinafter “instant promissory note”). On the same day between the Plaintiff and the Plaintiff, Defendant B drafted an agreement on loan transaction (hereinafter “the instant loan transaction agreement”) with the Plaintiff as “the amount of KRW 25 million on September 30, 2008, the date of loan repayment, the rate of KRW 30,000 on December 30, 2008, the date of repayment, the rate of KRW 4% on December 30, 2008, and the interest rate of KRW 100,000 to the Plaintiff’s account by the 30th day of each month under the agreed interest rate.”
On April 14, 2008, September 14, 2008, 200, KRW 40 million, KRW 25 million, including principal, and interest and late payment fees of KRW 70,271,922, and KRW 43,526,027, including principal, shall be calculated by April 30, 2010, which promises to complete payment of KRW 113,797,949 until April 30, 2010.
There is no more than a detailed statement of interest calculation.