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(영문) 대전지방법원천안지원 2016.08.09 2015가단113084
근저당권말소
Text

1. The defendant on December 14, 1994, as to each real estate listed in the separate sheet to B, the Daejeon District Court Branch Branch of the Incheon District Court.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) On August 24, 1992, the Plaintiff was an Abandoned Automobile Co., Ltd. (hereinafter “Abandoned Automobile”).

(2) The term “instant guarantee agreement” means an installment sales guarantee agreement under which the installment payment of KRW 8,800,000 to be borne by the said company is guaranteed in accordance with the purchase of an automobile from the said company (hereinafter “instant installment guarantee agreement”).

2) The Plaintiff subrogated for KRW 7,863,233 on January 28, 1993 in accordance with the instant guarantee agreement.

3) The interest rate for delay under the instant guarantee agreement is the highest interest rate for general loans within 30 days from the date of subrogation for a commercial bank, and for the period exceeding 30 days, the interest rate for delay is the interest rate for financial institutions. 4) The Plaintiff filed a lawsuit against B by Cheongju District Court 97 Ghana District Court 93841 and won the judgment. Then, for the extension of extinctive prescription, the Plaintiff filed a lawsuit for indemnity claim under the Daejeon District Court 2007 Ghana 240245, and “B shall jointly and severally with C to the Plaintiff and jointly pay 14,630,352 won and 27% per annum for 7,863,233 won from January 1, 1998 to the date of full payment.” This decision became final and conclusive as is December 28, 2007.

B. On December 13, 1994, the relationship B between each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) concluded a mortgage agreement with the Defendant with the maximum debt amount of KRW 40,000,000 on each of the instant real estates, the debtor B, and the debtor as the defendant (hereinafter “the instant mortgage”). On December 14, 1994, the court completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring real estate”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including additional evidence) and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) the insolvency of B;

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