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(영문) 인천지방법원 2015.06.18 2014나15460

근저당권설정등기취소

Text

1.The judgment of the first instance shall be modified as follows:

The defendant's KRW 14,978,348 and KRW 5,271,197 among them.

Reasons

A. 12,500 won is appropriated for KRW 20 million as the original, and thus, the Plaintiff is obligated to pay the agreed interest at a rate of 19,987,500 won (20,000,000-12,500) and 30% per annum from January 18, 2008 to the date of complete payment, which is the day following the date of the first interest payment.

On the other hand, the above loans and the defendant's additional loans as of March 14, 2008 and February 3, 2009 each five million won were not fixed at maturity, and the interest rate is 30% per annum as seen earlier. Thus, if the amount repaid by the plaintiff is appropriated pursuant to subparagraph 4 of Article 477 of the Civil Act, the amount repaid by the plaintiff shall be as follows. Ultimately, as of May 7, 2015, the remaining amount of the secured debt of the right to collateral security of this case as of May 7, 2015 is KRW 14,978,348 (principal interest of KRW 5,271,707,151) and damages for delay calculated at the rate of 30% per annum, the agreed rate of KRW 5,271,197 out of principal from May 8, 2015.

(3) Interest rate of less than 2.1 of 5, 2.2, interest rate of 2.1 to 2.2, 205, interest rate of 2.1 to 3.2, 205, interest rate of 2.1 to 4.2, 207, interest rate of 2.1 to 4.2, 207, interest rate of 2.1 to 3.5, 207, interest rate of 2.1 to 4.25, interest rate of 2.1 to 3.2, 207, principal amount of 205 to 4.47, 207, principal amount of 205 to 3.46, 207, principal amount of 205 to 3.5, 207, 209 to 34.25, 207, principal amount of 205 to 36.25, 207, 200, 194

C. The Plaintiff’s total amount of secured debt.