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(영문) 울산지방법원 2015.11.06 2014가단59483
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 70,000,000 and for this, KRW 5% per annum from August 9, 2014 to November 6, 2015.

Reasons

1. Basic facts

A. On July 31, 2012, the Plaintiff: (a) lent KRW 220 million to Defendant B at interest rate of 24 million per annum; (b) on January 31, 2013, the due date for repayment; and (c) drafted a notarial deed (No. 2080, 2012, the same date.

B. In order to secure the above loan obligation, on August 2, 2012, Defendant B and Defendant C, the form of Defendant C, owned by the said Defendants, completed the registration of establishment of mortgage (hereinafter “instant collateral security”) with respect to the Plaintiff as the amount of KRW 220,000,000, the maximum debt amount was KRW 4607, which was the receipt of support for the racing of the Daegu District Court, as the amount of KRW 20,000,000, as the amount of KRW 46067, which was the ownership of the said Defendants.

C. Thereafter, around September 2012, Defendant B and C requested the cancellation registration procedure concerning the instant right to collateral security without the Plaintiff’s consent. Defendant B and C issued to Defendant D a written notice of completion of the registration and information on the instant right to collateral security.

Defendant D delegated the procedure for cancellation registration of the instant right to collateral security to Defendant E, a certified judicial scrivener, and delivered the written notification of completion of registration and information on completion of registration of the instant right to collateral security to Defendant E. Defendant E received the application documents for cancellation registration of the instant right to collateral security on September 19, 2012, and completed the registration of cancellation of the instant right to collateral security on the ground of termination on September 19, 2012, as Daegu District Court No. 54836, receipt of the application documents for cancellation registration of the instant right to collateral security.

E. On the other hand, on December 10, 2013, Defendant B confirmed that the Plaintiff was liable for the remainder of the loan debt of this case KRW 70 million and 24% interest payment per annum between the Plaintiff and the Plaintiff, and agreed to pay it by the 31st day of the same month.

F. After that, Defendant B’s racing-si, which owned on December 6, 2013, set the right to collateral security of KRW 624,00,000 against the maximum debt amount of the agricultural cooperatives holding the right to collateral security, under the Act No. 71044, Dec. 6, 2013. Defendant C also set the right to collateral security on December 6, 2013

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