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(영문) 춘천지방법원강릉지원 2015.10.06 2015나5139

추심금

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

Reasons

1. Facts of recognition;

A. (1) The Plaintiff filed a lawsuit against C seeking the return of the loan of KRW 120 million with Seoul Eastern District Court 2013Gahap916, the Seoul East District Court 2013, 9916. On April 11, 2014, the judgment of the court below that “C shall pay to the Plaintiff the amount equivalent to KRW 120 million per annum from November 17, 2013 to the date of full payment.” The above judgment became final and conclusive around that time. 2) The Plaintiff received a claim against the Defendant on June 16, 2014 based on the original copy of the judgment of the first instance with executory power, as stated in the attached list of real estate (hereinafter “C”) with respect to the real estate (hereinafter “the maximum debt amount”) of KRW 50 million,500,000,000,000,000,000,000 won and KRW 20,00,000,00.

B. On June 20, 2004, F, the husband of the Defendant, borrowed KRW 42 million from C from June 20, 2004 to August 10, 2005, with the interest rate of KRW 1% per month, and the due date of payment as of August 10, 2005. The Defendant jointly and severally guaranteed the instant loan claim against C (hereinafter “instant joint and several guarantee claim”).

(2) The Defendant, as a security for the loan loan claim of this case, established a mortgage on the instant real estate owned by the Defendant with the joint and several debt claim of this case as the secured debt. However, the registration of establishment of a mortgage on the instant real estate was completed by the Chuncheon District Court was received on December 1, 1992 by Gangnam Branch Office of 27785, which was received on December 1, 1992, with regard to the instant real estate, with regard to the registration of establishment of a mortgage for the mortgagee G, and C shall be subject to the said mortgage transfer from G, and as the above court was received on May 2, 2002 by adding the supplementary registration for the registration of establishment of a mortgage and the additional registration for the transfer of a mortgage (hereinafter referred to as the “registration of establishment of a mortgage on the instant real estate”) to C, and the said mortgage is “the establishment of a mortgage.”