beta
(영문) 서울고등법원 2017.11.08 2017나2014053

근저당권말소

Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 4, 2007, the Plaintiff entered into a loan transaction agreement with C Co., Ltd. (hereinafter “C”) and loaned KRW 50 billion following the date.

B assumed office as a joint representative director of C on November 10, 2008, and on March 16, 2009, jointly and severally guaranteed the debt of C to the Plaintiff.

(hereinafter referred to as the "joint and several sureties of this case", and the claims arising out of the above agreement shall be referred to as the "joint and several sureties of this case").

According to the loan transaction agreement and joint and several guarantee agreement, the Plaintiff filed an application for a payment order for loans, etc. against C, B, etc., and the Seoul Central District Court recognized the remaining amount of claims against the Plaintiff’s B, etc. as KRW 14,503,806,673 on November 18, 2016, and subsequently requested partial claims by the Plaintiff, “B, etc. shall jointly and severally pay 5,00,000,000 won and damages for delay at the rate of 15% per annum from March 5, 2016 until the date of full payment (No. 2015Da59182).” On the above judgment, the Seoul Central District Court rendered a decision that “B, etc. shall pay damages for delay at the rate of 5% per annum from March 5, 2016 to the date of full payment” (No. 2015Ga

C. Meanwhile, at the time of the conclusion of the instant contract, on February 9, 2001, the establishment registration of a mortgage on each of the instant real estate owned B as the debtor B, a National Bank of Korea Co., Ltd. (hereinafter “National Bank”), a maximum debt amount of KRW 1.8 million was completed on December 30, 2008, with the amount of KRW 4.480 million as the debtor, the debtor, the company elbsium, the mutual savings bank of the mortgagee, and the maximum debt amount of KRW 2.68 million as of December 34, 2009. < Amended by Act No. 9877, Dec. 30, 2008; Act No. 9577, Dec. 24, 2009>

B According to the instant contract, on January 3, 2013, the debtor B, the mortgagee, and the mortgagee.