근저당권말소
1. The plaintiff's claim is dismissed.
2. With respect to cases where this Court applies for the suspension of compulsory execution of 2017 Chicago108, September 5, 2017
Basic Facts
On December 2, 2010, the Defendant concluded a mortgage agreement with the Plaintiff regarding each of the instant real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). On December 2, 201, the Defendant completed the registration of creation of a mortgage (hereinafter “mortgage”) with respect to the instant real estate No. 1, which became the Defendant, as the maximum debt amount, KRW 28,00,000,000, the obligor, and the Plaintiff,
On December 9, 2010, the Plaintiff borrowed a loan of KRW 20,000,00 from the Defendant on December 9, 2025, with an interest rate of KRW 3% per annum, 12-14% per annum, and damages for delay rate of KRW 12-14% (hereinafter “loan 1 of this case”).
On May 16, 2012, the Defendant entered into a contract for the creation or alteration of the right to collateral security (hereinafter “instant contract for the alteration of collateral security”) with the Plaintiff to increase the maximum debt amount of KRW 65,00,000,000 with respect to each real estate indicated in the separate sheet No. 2 (hereinafter “instant real estate”) as indicated in the separate sheet No. 65,000 (hereinafter “instant additional contract for the creation of collateral security”). On May 16, 2012, the Defendant concluded an additional contract for the establishment of the right to collateral security (hereinafter “the instant additional contract for the creation of collateral security”) with respect to each real estate indicated in the separate sheet No. 2 list No. 14914, May 16, 2012, concluded the registration of the alteration of collateral security (hereinafter “the instant registration of the establishment”) with respect to the instant real estate with the purport of changing the maximum debt amount of the instant real estate amount of KRW 65,00,000,000. The Plaintiff completed the registration of the creation of collateral security (hereinafter “the Defendant”).
On May 16, 2012, the Plaintiff determined on May 16, 2018 with the Defendant as the maturity date, interest rate -0.66%, and interest rate 6-9%, and delay damages rate 30,000,000 won from the Defendant (hereinafter “instant second loan”).