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1. The Defendant: (a) on November 22, 2012, the Suwon-nam Branch of the Sung-nam Branch of the Seoul District Court with respect to the Plaintiff’s 1,504 square meters in Gwangju City.
Reasons
1. Facts of recognition;
A. On August 7, 2012, the Network D borrowed KRW 27,000,000 from the Defendant (hereinafter “the instant loan”).
B. On November 16, 2012, the Plaintiff entered into a mortgage agreement with the Defendant on the amount of 1,504 square meters in order to secure the Defendant’s obligation for the instant loan loan, and completed the registration of establishment of a mortgage on the amount of 1,504 square meters in Gwangju City (hereinafter “the registration of establishment of a mortgage on the instant amount”) on the 22th of the same month.
C. After that, the deceased D’s failure to repay the debt of the instant loan to the Defendant, the Defendant filed a lawsuit claiming a loan against the Plaintiff and the deceased D under the court 2013da25179 (hereinafter “instant lawsuit”), and on September 6, 2013, the lawsuit was concluded on September 6, 2013, “1. The Plaintiff and the deceased D jointly and severally pay 27,000,000 won to the Defendant until November 30, 2013. If the Plaintiff and the deceased D fail to pay the said amount by the due date, damages for delay shall be paid at the rate of 20% per annum from the date following the due date until the date of payment. 2. The Defendant waives the remainder of the claim.”
hereinafter referred to as "mediation of this case"
(D) On July 22, 2014, the Plaintiff deposited KRW 31,161,916 with the Defendant as the principal deposit account and deposited KRW 31,16,916 at Suwon District Court Sung-nam Branch in 2014. [The Plaintiff did not have any dispute over the grounds for recognition, the entries in Gap evidence 1 through 4, and the purport of the entire pleadings.]
2. Determination
A. According to the above facts finding as to the cause of the claim, the Plaintiff deposited 31,161,916 won exceeding the adjusted amount of KRW 30,461,917 for the Defendant on July 22, 2014 (=27,00,000 won + KRW 27,000,000 from December 1, 2013 to July 22, 2014) (=27,00,000 x 20% x 20% x 20% x 234/365, and the debt of the instant loan, which is the secured debt of the registration of the establishment of the instant mortgage, shall be repaid.