근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 31, 2009, the Defendant: (a) lent KRW 10,00,000 to the Plaintiff on the 3% of interest per month; and (b) on the 4th day of each month; and (c) completed the registration of the establishment of a neighboring mortgage against the Plaintiff regarding the Nam-gu Incheon Metropolitan City Underground Floor D (hereinafter “C Real Estate”).
B. On October 8, 2009, the Defendant paid KRW 28,650,000,000 to the Defendant for a loan (hereinafter “instant loan”) by setting the interest rate of KRW 30,00,000 on the 2% per month and the 7th day of each month on the 7th day of interest payment, with the exception of prior interest, etc. In order to secure the instant loan claims, the Defendant completed the registration of creation of a neighboring mortgage as to the real estate stated in C’s real estate and the attached list (hereinafter “instant real estate”).
(hereinafter referred to as “the instant collateral security”). C.
From November 7, 2009 to April 19, 2016, the Plaintiff paid a total of KRW 75,260,000 to the Defendant. At the 4th day of each month, the Plaintiff paid KRW 300,000 on a regular basis and KRW 600,000 on a seven-day day of each month, or transferred KRW 90,000 at once.
On October 7, 2014, the Defendant lent KRW 15,000,000 to the Plaintiff by determining the interest rate of KRW 2% per month and the payment date of interest as the sixth day of each month.
E. The Plaintiff borrowed 9,400,000 won from the Defendant on July 31, 2009 after deducting advance interest, etc. from the Defendant as interest rate of KRW 30% per annum under the Interest Limitation Act. However, the Plaintiff violated the highest interest rate of KRW 30% per annum from August 1, 2009 to April 19, 2016. Thus, the Plaintiff filed an application with the Defendant for a payment order to return the remainder of KRW 6,094,080 calculated by subtracting interest calculated by applying the interest rate of KRW 30,000 per month under the Interest Limitation Act from the interest paid in 300,000 to April 19, 2016. The Defendant raised an objection against the payment order, and the Plaintiff and the Defendant filed an objection to the payment order with the District Court on March 8, 2017 to the Plaintiff and the Defendant’s District Court on June 17, 2016.