청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Grounds for claim;
A. C, on December 4, 2006, borrowed KRW 20 million from the Defendant after the due date for one month after the due date, and received KRW 19 million after deducting KRW 1 million from the prior interest.
B. C was unable to pay only KRW 3.5 million to the Defendant on January 12, 2007, and the Defendant was drafted a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) stating that “The Plaintiff, the wife of C on February 9, 2007, guaranteed and guaranteed the Defendant’s obligation of KRW 22 million on December 4, 2006. The due date shall be February 15, 2007, and interest shall be 60% per annum from December 5, 2006 to the due date, and interest shall be 6.5% per annum.”
In the instant notarial deed, C’s father D and mother E jointly and severally guaranteed the Plaintiff’s above obligations.
C. On April 27, 2007, the Defendant demanded C to provide a physical security for the above loan loan obligation, and on April 27, 2007, the Defendant completed the registration of the establishment of a neighboring mortgage as the obligor D, the maximum debt amount of debt amount of KRW 40 million, and the mortgagee H with respect to F, G, and ground buildings owned D on April 27, 2007 (hereinafter “the registration of the establishment of a neighboring mortgage”).
On the other hand, the defendant transferred the right to collateral security of this case to I on May 17, 2007 and completed the registration of transfer of the right to collateral security in I.D.
On September 17, 2007, the Defendant carried out a compulsory execution against the corporeal movables owned by the Plaintiff on the basis of the instant notarial deed, and received dividends of KRW 15,583,600 in the auction procedure thereafter.
As a result, 8,336,400 won remains.
E. On March 25, 2014, I deposited KRW 40,660,90,000 (hereinafter “the deposit of this case”) with the Daegu District Court and its branch court, which received a voluntary decision to commence the auction based on the instant mortgage. C and E deposited KRW 460,660,900 (hereinafter “the deposit of this case”) with the Ulsan District Court No. 1997, Jun. 10, 2015, the sum of the maximum debt amount of the instant mortgage and KRW 660,900 (hereinafter “the maximum debt amount of the instant mortgage”).
F. Ultimately, the instant deposit is deemed to have been made.