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(영문) 광주지방법원 2019.05.30 2018가합54137

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. 46 creditors, including the Defendant, (hereinafter “the obligees of this case. Specific details are as indicated in attached Table 2) respectively, around June 2015: (a) around June 2015, the Plaintiff borrowed money, and the Plaintiff and C borrowed money, and drafted an agreement on a monetary loan for consumption with the following contents as joint and several liability by the Plaintiff.

The creditor of the agreement for a monetary loan for consumption shall lend money to C as follows, and shall make this agreement with D and the Plaintiff joint and several sureties with respect to the repayment obligation of the principal and interest, and shall comply with it in good faith:

Article 1 (Loan Obligations) (1) A creditor's loan: The loan shall be as shown in attached Form 2.

(2) A borrower: C (3) Interest and interest for arrears at the maturity of 25% per annum: December 31, 2015, Article 2 (Issuance of Preferential Rights Certificate) C, in order to secure financial resources for repayment of the principal and interest of the creditor in the course of carrying out the following business, shall issue and provide the second beneficial rights certificate in order immediately after the first beneficial rights certificate concerning the loan of bank notes with respect to the proceeds of trust company management in order to secure financial resources for repayment of the principal and interest of the creditor.

The seller of bonds, such as the loan and the loan and the subcontract construction cost claim against the G Co., Ltd. of the seller of the bonds subject to purchase who purchased and takes profits from the sale or lease of the bonds from the Seongbuk-gu Seoul Metropolitan Government F Co., Ltd. F Co., Ltd., the outline of the classification of the purchase of the bonds and the sale and lease business of the D or E: C Co., Ltd., a creditor: D and the plaintiff

B. The obligees of the instant case: (a) from June 2015 to September 2015, the loans and stock funds pursuant to the agreement by obligee (hereinafter “loans”) were added to the loans and stock funds pursuant to the agreement by obligee C.