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(영문) 인천지방법원 2015.10.23 2014가합6752 (1)

채무금확인

Text

1. The defendant (appointed parties) and the designated parties C jointly and severally: the registration number of the Seoul Gyeonggi Livestock Industry Cooperative: 114837.

Reasons

1. Facts of recognition;

A. On April 15, 2013, the Selection C borrowed KRW 150,00,000 from D, and on the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage amounting to KRW 225,00,000 with respect to the building of 19 square meters and its ground owned by E (hereinafter “instant real property”).

B. On October 15, 2013, the Plaintiff borrowed KRW 200,000,000 from the Seoul Gyeonggi-do Livestock Cooperative as indicated in the separate sheet No. 2 (hereinafter “the instant loan obligation”). On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 240,000 on the instant real estate to the Seoul Gyeonggi-do Livestock Cooperative.

C. On October 18, 2013, the Plaintiff entered into an agreement with Defendant and the selector C on the following (hereinafter “instant agreement”) with the effect that “The registration of the establishment of a neighboring mortgage of D on the instant building shall be processed by means of the registration of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the Seoul Gyeonggi-do Fulon. The Defendant and the selector C agreed to cancel the registration of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment

【Ground of recognition】 The fact that there has been no dispute, Gap’s entries in Gap’s 1 through 5, 11, 12, 15, 33, 34, 39, 40, Eul’s evidence Nos. 2, 3, and 12, and the purport of the whole pleadings

2. The parties' assertion

A. In light of the Plaintiff’s assertion, the Defendant and the Selected C are jointly and severally liable to pay interest on the instant loan amount of KRW 202,342,389 on September 2, 2015, with interest or delay damages calculated at the rate of 20% per annum from September 2, 2015 to September 2, 2015, with respect to the instant loan amount of KRW 200,000,000,000 as the principal (i.e., interest accrued as of September 2, 2015) and the principal amount of KRW 200,000,000,000,000.