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(영문) 창원지방법원 2020.05.14 2019나59292

근저당권말소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C On March 8, 2013, the Defendant, a credit service provider, borrowed 30 million won at interest rate of 39% per annum and on June 8, 2013.

On the other hand, the Plaintiff, as his ancillary, jointly and severally guaranteed C’s debt to the Defendant (hereinafter “the instant loan”). On March 8, 2013, as to each real estate listed in the separate sheet No. 1 attached to the Plaintiff’s ownership, the Plaintiff created a mortgage (hereinafter “mortgage”) with C with the maximum debt amount of KRW 50 million and the debtor as to each real estate indicated in the separate sheet No. 1 attached to the Plaintiff’s ownership.

B. Around August 12, 2013, D drafted and ordered to the Defendant a letter of commitment as indicated in attached Form 2 (hereinafter “instant letter of commitment”) with the content that the Defendant borrowed KRW 100 million at an annual interest rate of 39% (hereinafter “the certificate of borrowing”) on the same day, and C signed and sealed the said letter of commitment as a joint guarantor.

C. The Defendant paid D KRW 40 million on August 12, 2013, and KRW 60 million on August 14, 2013, respectively.

D. On December 20, 2014, the Plaintiff purchased 23140 square meters of Jincheon-si Jin-si from I, and completed the registration of ownership transfer based on the above sale on January 20, 2015, and completed the registration of ownership transfer based on the above sale on the same day, and completed the registration of ownership creation with respect to the above land as KRW 1.365 million in the future of the K Association on the same day.

E. C: (a) on January 22, 2015, the E Association’s repayment amounting to KRW 55 million or less at the E Association.

The check withdrawn and then delivered the check to the Defendant for the repayment of the obligation. [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, 3, and 6, Eul evidence Nos. 2 and 3 (including a serial number; hereinafter the same shall apply)

- The purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1 C paid interest for five (5) months after borrowing the instant loan, and thereafter, he/she would settle the instant loan and the instant debt related to D in a lump sum, while paying the Defendant the instant loan and the instant repayment.