근저당권말소
1. The Defendants are the Daejeon District Court with respect to each real estate indicated in the separate sheet of real estate attached to the Plaintiff.
1. On July 2009, the Plaintiff: (a) borrowed each of the KRW 15 million from the Defendants as 45.2% interest per annum from 45.2% interest; and (b) registered the establishment of each of the real estates listed in the separate sheet under the name of the Defendants as the mortgagee, with regard to each of the maximum debt amount of KRW 30 million and each of the real estates listed in the separate sheet, in order to secure it.
From July 2009 to February 2012, the Plaintiff paid 4,50,000 won as interest each month, and on February 28, 2012, the Defendants paid the total of KRW 16,000,000 per principal to the Defendants, and thereafter, the Plaintiff paid KRW 2,00,000 per month for the total of KRW 14,00,000 per month until June 2016.
However, the interest paid in excess of the maximum interest rate under the Interest Limitation Act shall be null and void, and the interest paid in excess shall be appropriated for the principal.
In calculating this, the right to collateral security established to secure this should also be cancelled because the principal has already been appropriated for the principal and the principal has become extinct. Therefore, the lawsuit of this case is filed in order to seek the cancellation thereof.