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(영문) 서울서부지방법원 2016.02.16 2015가단12157

근저당권설정등기말소

Text

1. The defendant received KRW 3,51,341 from the plaintiff and then acquired real estate stated in the attached list from the plaintiff.

Reasons

1. Basic facts

A. On December 19, 2014, the Plaintiff: (a) borrowed KRW 60 million from the Defendant (hereinafter “the instant loan”); (b) drafted the following instrument of the loan.

The principal of Article 1 shall be repaid in 100,000 won per month on the 30th day of each month.

Article 2 No interest shall be paid in arrears once or more of the non-existent interest payment, or an obligor shall lose the benefit of time and shall not raise an objection even if he/she claims the principal and interest at one time when he/she is subject to provisional attachment, provisional injunction or attachment in the same Busan Easternsan which has been secured

The interest for delay shall be 24% per annum.

B. On December 26, 2014, the Plaintiff completed on December 26, 2014, the registration of the Seoul Western District Court with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) and on December 26, 2014, by the registration of the Seoul Western District Court, which was received on December 26, 2014, KRW 78 million, the obligor, the Plaintiff, and the mortgagee, as the Defendant for the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”).

C. The Defendant applied for a voluntary auction on the instant real estate on the ground that the Plaintiff delayed the repayment of the instant loan, and rendered a decision of voluntary auction to the Seoul Western District Court C on March 30, 2015.

As the repayment of the instant loan, the Plaintiff paid KRW 20 million to the Defendant on February 11, 2015, and KRW 1 million on February 24, 2015.

E. On April 24, 2015, the Plaintiff deposited the Defendant’s refusal to receive, with the cause of deposit, the deposited person as the Defendant, and the Seoul Western District Court deposited KRW 39 million with the Seoul Western District Court No. 1608, 2015.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that “if interest is overdue once or more times, the interest shall be forfeited, and an objection shall not be raised even if the principal and interest are claimed at one time.”

The plaintiff, the defendant, as stated, does not have any interest at the time of borrowing.