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(영문) 울산지방법원 2017.02.10 2015가단4060
근저당권말소
Text

1. The defendant shall accept the registration of the Ulsan District Court and April 24, 2008 with respect to each real estate listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the father of C, and D is the spouse of the above C and borrowed money from E, etc. The above E is the merchant who engaged in credit business from December 21, 2004 to December 31, 2009 with the trade name of "F," and the defendant is the father of the above E.

B. (1) On August 16, 2006, the said D agreed to set the due date for repayment of KRW 300 million from the above E (hereinafter “instant loan”) as of August 21, 2006, and to pay damages for delay calculated at the rate of 48% per annum after the due date for repayment in addition to the amount for delay calculated at the rate of 48% per annum.

(2) On August 28, 2006, the above D drafted a notarial deed of a monetary loan agreement (No. 1041, 2006, No. 1041, 2006, hereinafter "No. 1 notarial deed") with the content that the sum of the loan principal of this case plus 300 million won and damages for delay shall be paid until August 28, 2006, in order to secure the loan claim of this case to the above E.

(3) At the time, the Plaintiff and G jointly and severally guaranteed the monetary loan obligation under the 1st notarial deed against the above D.

C. After the preparation (1) of No. 2 notarial deed, on April 17, 2008, the above D received additional KRW 200 million from the defendant, and on the same day, the defendant as the principal debtor as the defendant, and the principal debtor as H, ① KRW 300 million of the loan principal of this case, ② KRW 200 million of the additional loan of this case, ③ the total sum of damages for delay on each of the above loans is paid until July 16, 2008, and the total sum of KRW 80 million was paid until July 16, 2008, and the interest rate for delay was set at 20%, and a notarial deed of a money loan loan contract (No. 667, 2008 of the certificate of the General Law Office in Taesung Law Firm, and hereinafter referred to as "

(3) At the time, the above D and C jointly and severally guaranteed the monetary loan obligation on the notarial deed No. 2 against the Defendant of H Co., Ltd.

The plaintiff's establishment and repayment of the right to collateral security (1).

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