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1. The Plaintiff (Counterclaim Defendant) is the Yeonsu-gu Incheon Metropolitan City Office with respect to the motor vehicles indicated in the attached Form B to the Defendant (Counterclaim Plaintiff).
Reasons
1. In full view of the purport of the entire pleadings as to the grounds for the principal claim Nos. 1 and 4, the Plaintiff loaned KRW 15,000,000 to Defendant B on February 14, 2007, and the fact that Defendant C guaranteed the above obligation.
According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff a loan of KRW 15,000,000,000 and damages for delay.
2. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 (including paper numbers) as to the defendants' defenses and counter-claim claims, the plaintiff engaged in credit business with the trade name "E" from Oct. 22, 2006 to Aug. 18, 2008; the plaintiff set the payment period as May 13, 2007 at the time of lending the above money to defendant B; the defendant Eul completed the registration of mortgage creation (hereinafter "registration of mortgage creation of this case"), which is the plaintiff and the debtor, on Feb. 14, 2007, with D received from the Yeonsu-gu Incheon Metropolitan City Office for the purpose of securing the above loan claims.
According to the above facts, the Plaintiff’s above loan claims against the Defendants were extinguished on May 14, 201 after the lapse of the period of commercial extinctive prescription from May 14, 2007 to May 14, 2012, and the mortgage on the instant automobile, which is the secured claim, was also extinguished as well.
Therefore, the Plaintiff’s loan assertion is without merit, and the Plaintiff is obligated to implement the registration procedure for cancellation of mortgage creation of the instant automobile to Defendant B.
3. In conclusion, the plaintiff's main claim against the defendants is all dismissed as without merit, and the defendant B's counterclaim claim is accepted as reasonable, and it is so decided as per Disposition.