근저당권말소
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. The following facts may be found either in dispute between the Parties or in full view of the statements in Gap evidence 1, 2 (including paper numbers), Eul evidence 1, 2 and 3 (including paper numbers), witness B and C, and the overall purport of the arguments.
On August 26, 1993, the Plaintiff entered into a credit guarantee agreement to guarantee B’s lending of money from a national bank.
B. A construction material business is a member of the same golf group and a restaurant has been financed by the bill discount from the Defendant.
On February 5, 1995, the Defendant and B agreed to set up a collateral security right in the future with regard to the land listed in the attached list for the said transaction as KRW 50,00,000,000, and to the repayment until February 4, 1997.
(hereinafter referred to as the “instant arrangement”) C.
The defendant completed the establishment registration of a collateral on the lands listed in the attached list B, as the monthly branch court of Chuncheon District Court No. 1135, Feb. 11, 1995, the maximum debt amount of which was KRW 50,000,000, B and the defendant as the defendant, on the grounds of the contract to establish a collateral on February 11, 1995, as to the land listed in the attached list B.
(hereinafter referred to as the “mortgage”) D. D.
On October 30, 1995, the Plaintiff subrogated 22,517,948 won to the National Bank in accordance with the credit guarantee agreement under the above paragraph (a) and filed a lawsuit against B seeking the payment of indemnity amount under the Seoul Western District Court 2010dan53276, Dec. 29, 2010, “B” means 17% per annum for 23,415,818 won to the Plaintiff and 2,517,948 won, from October 30, 1995 to January 31, 1998; 25% per annum from the following day to August 31, 1998; and 18% per annum from the following day to December 13, 200; and 20% per annum from the date to November 26, 2010 to the date of each of the above decisions.”