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(영문) 수원지방법원 2016.05.13 2015가합64738

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. On September 2, 200, with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on September 2, 200 by the Promotion Mutual Savings and Finance Company (hereinafter “Promotion Mutual Savings and Finance Company”) and the Company A.M.com (hereinafter “M.com”), the obligor entered into a mortgage agreement with the Promotion Mutual Savings and Finance Company (hereinafter “Promotion Mutual Savings and Finance Company”) on September 2, 200, with respect to the scope of the obligation arising from bills loans, bills, discounts, certificates, loans, credit limits, and credit installment transactions, and other credit transactions, such as bills loans, bills, discounts, bills, bills, interest obligations, liability, damages, debts, all other incidental obligations such as the obligor or establishers bear, premiums, etc., and the maximum debt amount arising therefrom, and the establishment registration was completed in the future of the Promotion Mutual Savings Bank.

(hereinafter “instant collateral security”). B.

On September 4, 2000, the Promotion Savings Bank entered into a credit transaction agreement with M-acom to cover 3.6 billion won in the amount of a bill of exchange, credit limit, etc.

C. Since then, on August 31, 2001, the Promotion Savings Bank and M.com concluded a credit transaction agreement at a discount rate of the credit subject, at the rate of KRW 3 billion per annum 17% per annum, and at the rate of delay damages rate of KRW 22% per annum on August 30, 2004.

In addition, the Promotion Savings Bank made a discount on Promissory Notes issued by M.com in accordance with the said Credit Transaction Agreement.

The Promotion Savings Bank filed a lawsuit against A and A, etc. on December 2, 2003 against the Seoul Central District Court 2003da426789, claiming for payment of the debts under the above credit transaction agreement, and the debts under the credit transaction agreement of A and the debts of KRW 4,120,000,000 under the credit transaction agreement of A jointly and severally guaranteed by A, and the aforementioned court as of April 16, 2004.