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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 to 7, 9, 10, and 11 (including each number), respectively, may be admitted by integrating the whole purport of the pleadings:
The Plaintiff agreed to D, with interest of KRW 30,00,000 on October 11, 201, 36 per annum, and with the due date on January 10, 2012, and with the due date on January 10, 2012, with the overdue interest rate of KRW 39% per annum, and lent to D under an agreement that 36% per annum on January 18, 2012, with the due date on April 17, 2012, and with the overdue interest rate of KRW 39% per annum.
(hereinafter referred to as "each of the instant loans") B.
D From July 20, 201, D entered into a lease agreement with E on July 20, 201, with the content that D shall lease the land and building on land of Pyeongtaek-si (hereinafter “instant real estate”) from E without entering into an agreement on rent, with the lease deposit KRW 100,000,000, and the lease term from August 26, 201 to August 25, 2013 (hereinafter “instant lease agreement”). D transferred to the Plaintiff the right to refund the lease deposit amount of KRW 100,00,000 under the instant lease agreement with D as security for each of the instant loan obligations to E (hereinafter “the instant lease deposit repayment claim”). On the same day, D sent notice on the content of the assignment of the instant lease deposit to E by mail, and on October 11, 2011, D sent notice on the contents of the instant lease deposit to E.
C. Meanwhile, with respect to the instant real estate, the registration for the establishment of chonsegwon (hereinafter “registration for the establishment of chonsegwon”) was completed on November 30, 201 without additional payment of the deposit money for D’s lease on a deposit basis. On the same day, the registration for the establishment of chonsegwon (hereinafter “registration for the establishment of chonsegwon”) was completed from November 30, 201 to November 29, 201, and on the same day, the maximum debt amount for the said chonsegwon was KRW 100,000,000, the debtor, D and the Defendant for the establishment of chonsegwon (hereinafter “registration for the establishment of chonsegwon”).