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(영문) 서울중앙지방법원 2017.07.21 2016나65130
근저당권말소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

3...

Reasons

1. The Defendant bank, on May 27, 2010, lent KRW 250 million to the Defendant bank as a small and medium enterprise financing loan; the date of the loan is May 26, 201; and the interest rate fluctuation rate (the first 5.45% per annum, which was 6.13% per annum at the time of maturity) (hereinafter “instant loan”); and C, the representative director of the B, as a joint and several liability for the instant loan to the Defendant bank B.

On the same day, the Plaintiff, a spouse of C and the inside director of B, without specifying the type of transaction on the instant real estate owned by the Plaintiff, entered into a mortgage establishment agreement with B, without specifying the type of transaction on the instant real estate owned by the Defendant bank and the Plaintiff, whereby B guarantees the Defendant’s obligations at present and in the future. On the same day, the establishment registration of a neighboring mortgage was completed with the Defendant bank’s receipt of KRW 300,000,000,000,000,000 won (the maximum amount of debt, KRW 30,000,000,000,0000,0000,000,000,000,000,000,000

(C) In addition to the loan of this case, B extended the loan of this case, the loan of this case to the Defendant bank at KRW 30,000,000,000,000,000 from the date of the loan to the small and medium enterprise loan of this case, as of January 12, 2010 (the date of the loan of this case changed to April 8, 2012) (the date of the first extension agreement was changed to April 8, 2012), interest rate fluctuation rate (the first 16.413% per annum and the first 7.94% per annum at the time of repayment) (the first 16.43% per annum) and the joint and several debt of each of the above loan of this case.

On May 26, 2011, the Defendant bank set the amount of KRW 590,00,000 as a loan for small and medium enterprise to the account subject, the date of only the loan shall be May 25, 201, and the interest rate of KRW 6.13%.

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