근저당권설정등기말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 30, 2013, the Plaintiff prepared a loan certificate of KRW 100 million (for payment, April 30, 2014; interest rate of 12%) to the Defendant, and on the same day, set up a maximum debt amount of KRW 995 square meters, F 380 square meters, G previous 2179 square meters, which is owned by the Plaintiff, 100 million; and on April 11, 2014, an additional 10 million loan certificate of KRW 10 million (for payment, May 30, 2014; interest rate of KRW 12%) with respect to the said H real estate additionally set up as the Plaintiff’s obligor, on the same day.
(B) B1 and B. From May 30, 2013 to April 11, 2014, the date on which the first loan certificate was prepared, the Defendant transferred a total of KRW 17,788,000 to the Plaintiff as follows:
(A) On May 30, 2013, May 30, 2013; KRW 15 million; KRW 15 million on June 3, 2013; KRW 10 million on October 7, 2013; KRW 17, 20 million on October 25, 2013; KRW 15 million on October 25, 2013; KRW 3 million on November 3, 2013; KRW 3 million on December 3, 2013; the Defendant filed a complaint with the relevant police station on April 11, 2014; and revoked the complaint on November 24, 2015; and the Defendant filed a criminal complaint with the Plaintiff on November 24, 2014;
(Commission for Delivery of Documents). From January 20, 2015 to May 29, 2015, the Plaintiff transferred the total amount of KRW 23 million to the Defendant as follows:
(A6) On January 20, 2015, the Defendant, on May 29, 2015, 2015, executed each right to collateral security on the said H real estate on April 3, 2015.
(I) On July 6, 2015, the Plaintiff set up a maximum debt amount of 100 million won with respect to the instant real estate owned by the Plaintiff to the Defendant, and the instant collateral security that became the Plaintiff of the obligor.
(1) On December 17, 2015, the Defendant received dividends of KRW 194,148,039 in the process of exercising the right to collateral security against the above H real estate.
(A3) The Defendant: (a) KRW 35,977,220 [the amount claimed on January 28, 2016 = 253,925,259 (the principal of KRW 100 million as of May 30, 2013) (the interest of KRW 33,804,712 as of December 17, 2015, KRW 100 million as of KRW 100 million as of December 19, 2014, the principal of which was KRW 100 million as of April 19, 2014; and (b) KRW 20,120,547 as of December 17, 2015.