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(영문) 서울동부지방법원 2017.01.20 2016나2132
근저당권설정등기말소
Text

1. The defendant intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the intervenor accepting the appeal.

purport.

Reasons

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments as to the allegations in the trial of the acquiring intervenor, and thus, they are quoted in accordance with the main sentence of Article 420

2. The Intervenor asserts that the period of extinctive prescription of the above loan obligation was interrupted, since E, who jointly and severally guaranteed the debt of KRW 90,000,000,000, received interest from D and paid the interest from D on 27 occasions from July 4, 2006 to July 25, 201, by the acquiring Intervenor’s account of this mother H.

According to the evidence No. 5, the fact that E deposited into H's account is recognized.

However, there is no evidence to prove that the said money was received from D or paid as interest on the said borrowed money.

The intervenor's above assertion is without merit.

3. The plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just, and the intervenor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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