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(영문) 부산지방법원동부지원 2017.06.28 2017가단202403

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Busan Savings Bank (hereinafter “C, etc.”) changed to the Busan Mutual Savings Bank of Korea on March 19, 2002, and changed to the “Stock Company Busan Mutual Savings Bank of Korea” on September 29, 2010; hereinafter “Nonindicted Savings Bank”) made a transaction with B, the Plaintiff’s spouse, entering into a bill transaction agreement with B and made a discount of B’s bills from January 30, 1991, and C, D, E, F, and G (hereinafter “C, etc.”) jointly and severally guaranteed obligations under the said bill transaction agreement between around 194 and 196.

B. From July 1, 1998, 1998, B did not default, Nonparty bank issued a new bill of exchange from July 1, 1998 to approximately one month, and, if B issued a new bill of exchange after the due date, Nonparty bank at a discount and extended the loan to appropriate B’s existing bill loans to appropriate B’s existing bill loans.

C. The non-party bank repeats loans in the same manner as the preceding paragraph, and subsequently, pursuant to the clearing agreement on January 30, 2002, borrowed an amount equivalent to the face value of the above promissory note at a discount of the amount of 1,296,450,00 won at face value, the issue date May 20, 2003, and the due date of July 18, 2003, and the issuer B and C (hereinafter “the pertinent discount loan”). D.

On July 18, 2003, the date of payment of promissory notes as stated in the preceding paragraph, the bank treated the said promissory notes in default without extending the relevant discount loans.

E. On November 1, 2011, the Defendant filed a lawsuit against B, C, etc. with the Busan District Court 201Gadan121063 (hereinafter “instant lawsuit”). As a result, the Defendant filed a lawsuit against the Defendant for the remainder of the instant discount loan (hereinafter “instant lawsuit”), and as a result, B shall pay damages for delay for KRW 1,134,376,461, the remainder of the instant discount loan, and for delay for KRW 862,293,01, the principal of which is the principal, among them, KRW 862,293,01, and KRW 113,000,000,000, out of KRW 862,293,011, as well as KRW 113,00,00