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(영문) 창원지방법원밀양지원 2014.10.29 2013가단19610

근저당권말소

Text

1. The Plaintiff:

A. As to Defendant A’s KRW 28,308,780 and KRW 6,409,759 among them:

B. Defendant C is from the deceased H.

Reasons

1. Facts of recognition;

A. On December 16, 1998, the mutual savings and finance company, instead of Chang Chang, Inc., extended KRW 16,00,00 to Defendant A at an annual interest rate of KRW 18% and annual interest rate of KRW 21%, and the network H jointly guaranteed the loan. On August 14, 2003, the mutual savings and finance company, instead of Chang Chang, Co., Ltd, transferred the claim against Defendant A and the network H to the Plaintiff, and notified the Defendant A and the network H thereof. As of February 6, 2013, the above claim is KRW 28,308,780 (principal principal KRW 6,409,759, interest rate of KRW 21,89,021).

B. On July 6, 2006, Defendant C (Inheritance Shares 1.5), D, E, F, and G (Inheritance Shares 1) inherited the same. On September 1, 2006, the above Defendants filed an application for a qualified acceptance, and received a judgment to accept a qualified acceptance under the Changwon District Court 2006Mo763.

C. On March 3, 1997, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) was completed as the maximum debt amount of KRW 20,00,000 on March 4, 1997, received on March 4, 1997 from the Changwon District Court and the registry office, and the debtor A, Defendant A, and Defendant B, Defendant B, the right to collateral security (hereinafter “instant right to collateral security”).

Defendant A is currently insolvent.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, and Eul 1 evidence (including paper numbers), the fact inquiry results of this court, the purport of the whole pleadings

2. According to the facts of the determination as to the claim for loans, Defendant A is obligated to pay the Plaintiff the interest rate of KRW 28,308,780 of the above loan amount and KRW 6,409,759 of the principal of the loan amount of KRW 21% per annum from February 27, 2013 to the date of full payment. Defendant C is jointly and severally liable with Defendant A to pay damages for delay calculated at the rate of 21% per annum from February 27, 2013 to the date of full payment. Defendant C is jointly and severally liable to pay damages for delay calculated at the rate of 21% per annum from February 27, 2013 to the date of full payment of the loan amount of KRW 7,720,576 and KRW 1,748,115 of these amounts, respectively, Defendant D, E, F, and G, and each of these KRW 1,165,411 per annum from February 27, 2013.

As to this, Defendant C, D, E, F, and G.