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(영문) 대전지방법원 2018.08.29 2017가합105603

부존재 등 확인의 소

Text

1. The lawsuit corresponding to the part of the plaintiff's claim for transportation expenses shall be dismissed.

2. The plaintiff's remainder.

Reasons

On May 28, 2004, the deceased E (hereinafter “the deceased”) obtained a loan of KRW 90,000,000 from the F Association on June 3, 2004, from the Daejeon District Court No. 14788 of the Daejeon District Court received the registration of establishment of a collateral for a maximum debt amount of KRW 117,00,00,00 from the Daejeon District Court (hereinafter “instant real estate”).

On July 23, 2007, the Deceased was additionally loaned KRW 10,000,000 as collateral and further loaned.

The Plaintiff, as a legal entity that engages in credit business, etc., made a loan contract with the Deceased on August 13, 2010, on behalf of the Deceased and the Deceased for a loan of KRW 99,234,324 (the principal principal of KRW 99,00,000, KRW 234,324) (the interest rate of KRW 90,000), and the interest rate of KRW 90,00,000 per annum, August 13, 2015; the interest rate of KRW 7% per annum; the interest rate of KRW 22% per annum; the interest rate of KRW 40,00,000 per annum; the interest rate of KRW 13 August 13, 2015; and the delay rate of KRW 222% per annum.

In addition, according to the above subrogation, the Plaintiff transferred the right to collateral security (the maximum debt amount of 117,00,000,000 to the deceased) to the Daejeon District Court No. 17732 on the grounds of contract transfer. On the same day, the Plaintiff received from the Deceased District Court No. 17733 of the Daejeon District Court the registration of creation of collateral security (the maximum debt amount of 52,00,000 won) with respect to the real estate of this case from the deceased.

On September 20, 2010, the Plaintiff received the registration of the establishment of a neighboring real estate with the debtor C, the creditor, the plaintiff, the maximum debt amount of KRW 13,00,000 as to the instant real estate from the Daejeon District Court No. 20487.

(B) The Plaintiff’s right to collateral security (hereinafter “instant right to collateral security”). On September 19, 2012, the Plaintiff, as the instant right to collateral security, obtained a voluntary decision to commence the auction of the instant real estate from Daejeon District Court, and the said decision to commence the auction was first priority in the said auction procedure.