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(영문) 대전지방법원천안지원 2019.04.24 2018가단7753
근저당권설정등기말소등기
Text

1. The defendant shall accept C on February 22, 2003, the ASEAN Branch Office of the Daejeon District Court with respect to the area of 560 square meters in Asan-si D, Asan-si.

Reasons

1. Basic facts

A. On February 22, 2003, the Defendant’s registration of the establishment of a neighboring mortgage (hereinafter “instant mortgage”) concluded a mortgage agreement between the Defendant and the Defendant on the security of the Defendant’s obligation against the Defendant, whereby C set up and set up a mortgage of KRW 15,00,000 for the maximum debt amount of KRW 560 square meters owned by C (hereinafter “instant land”).

C On February 22, 2003, upon entering into the instant mortgage contract, the Daejeon District Court rendered the Defendant the registration of the establishment of a neighboring mortgage on the instant land under the No. 8455 of the maximum debt amount received on February 22, 2003, No. 15,000,000.

B. The Plaintiff’s claim 1) entered into a credit guarantee agreement with C on November 27, 200, April 28, 2001, and September 7, 2001, with the main content that C provides credit guarantee to the Plaintiff in obtaining a loan from E cooperatives. (2) When the credit guarantee accident occurred due to the occurrence of a credit guarantee accident due to C’s failure to pay a loan to E cooperatives, the Plaintiff subrogated for C’s loan obligations to E cooperatives, and filed an application for payment order against C as the Daejeon District Court Branch Branch of Daejeon District Court Decision 2012Hu2972.

3) On July 26, 2012, the said court issued an order to pay to the Plaintiff the amount of KRW 117,598,790 and KRW 52,454,605 with interest of KRW 15% per annum from June 26, 2012 to the date of full payment. The said order to pay the Plaintiff was finalized on August 18, 2012. 【The foregoing order to pay the Plaintiff the amount of KRW 117,59,790 and KRW 52,454,60 with interest of KRW 15% per annum.” The foregoing order to pay the Plaintiff was finalized on August 18, 2012.

2. Determination on the cause of the claim

A. In full view of the purport of the argument in the evidence No. 4 as to the secured claim of the instant right to collateral security, the Defendant, around June 200, lent KRW 15,00,000 to C with the maturity of KRW 12% per annum on March 7, 2004 and the interest rate of KRW 12% per annum, and on February 22, 2003, the Defendant obtained the registration of the establishment of the instant right to collateral security from C as security for the relevant secured claim.

3.2

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