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(영문) 서울중앙지방법원 2015.10.07 2015가단5072050
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 6, 1994, C borrowed KRW 800,000,00 from the Defendants at an interest rate of 25% per annum, due date for repayment on December 31, 1997, and entered into a mortgage contract with the Defendants regarding real estate stated in the attached list C as indicated in the attached list, with the Defendants as the maximum debt amount of KRW 80,000,000, debtor C and the Defendants. Accordingly, the registration of establishment of a mortgage was completed on January 26, 1994 by determining the Defendants as the Defendants.

(hereinafter “instant collateral security”). B.

On April 18, 2002, an agreement was concluded between C and the Defendants on December 31, 2004 regarding the change of the repayment term of the above loan to December 31, 2004. On January 11, 2010, an agreement was concluded to change the repayment term of the second loan to December 30, 2013.

C. On April 1, 2010, the Plaintiff filed a lawsuit against C to the effect that “C has paid 77,417,81 won and 68,103,013 won among them, from February 15, 1995 to 84,031,090 won, from February 17, 1995 to 575,256,743 won, from July 3, 1995 to 30,934,50 won with interest rate of 17% per annum from August 26, 1996 to 30,50, from February 1, 1998 to August 31, 198; and that of 10% per annum from 20,30,934,50 won with interest rate of 10% per annum from 10,500 to 30% per annum from February 1, 1998 to 198.

(Seoul Central District Court Decision 2010Da120102 Decided December 15, 2010). / [Grounds for recognition] Evidence 1-1, 2, A2, 1, 2-2, 2-3, 4 and the purport of the whole pleadings.

2. The Plaintiff asserted that the secured debt of this case was extinguished by prescription, and that the secured debt of this case was extinguished by C as above 1-C.

In order to preserve the claims stated in the claim, C is seeking the cancellation of the instant right to collateral security by means of the instant lawsuit on behalf of C.

The facts of the recognition are as follows.

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