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(영문) 광주지방법원 2019.05.17 2018나59310
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff, through four times, drafted a loan certificate with the following contents as the Defendant:

No. 40% per annum on Dec. 2, 2003 2, 500 notarial deeds of joint guarantor (40% per annum on Jan. 30, 2004, No. 3094 No. 803, Apr. 1, 2004, No. 25% per annum on Apr. 30, 2004 notarial deeds of promissory notes No. 8094, Apr. 1, 2004; 25% per annum on Apr. 15, 2004; 25% per annum on May 15, 2004; D 48% per annum on Aug. 24, 2004; 36% per annum on Aug. 15, 2004.

B. On December 2, 2003, the Plaintiff entered into a mortgage contract with the Defendant on the real estate indicated in the separate sheet owned by the Plaintiff, and completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with the Gwangju District Court No. 78919, Dec. 8, 2003 on the real estate indicated in the separate sheet as to the real estate indicated in the separate sheet owned by the Plaintiff, with the maximum amount of debt No. 30,00,00

C. On August 31, 2006, the Plaintiff drafted a written confirmation for debt repayment (hereinafter “instant confirmation”) with the purport that “The amount of debt remaining after partially repaying the total amount of KRW 120 million as of August 31, 2006 by September 5, 2006 shall be repaid until October 29, 2006. The interest shall be KRW 3 million per month.”

On January 15, 2007, the Plaintiff recognized the Defendant’s obligation of KRW 120 million, the natural body value of KRW 3.6 million, the total amount of KRW 123.6 million, the above obligation amount of KRW 123.6 million, and the Defendant’s repayment of KRW 23.6 million until February 21, 2007.

Monthly interest shall be KRW 3 million.

“The” has drawn up a debt certificate with the content of the obligation.

E. The defendant shall make a notary public’s claim amounting to KRW 25 million based on the authentic deed of a promissory note, which was in force No. 8094, No. 8094, 2003, and applied for the seizure and assignment order of the plaintiff’s wage claim (Uiju District Court 2007 other bond 1477), and the above court on March 2, 2007.

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