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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The instant loan, etc. 1) was changed to the current trade name through the Plaintiff (a limited partnership company, a mutual savings and finance company, a stock company, and a mutual savings and finance company).
"Plaintiff" in total before and after the change of trade name;
(2) On October 28, 1997, the Defendant received loans from the Plaintiff at a rate of delay of KRW 120,000,000 per annum 22% per annum and the due date of repayment for 12 months from the date of the loan.
(hereinafter “instant loan”). At the time of the instant loan, the Defendant agreed to immediately repay the entire principal and interest of the Plaintiff by losing the benefit due to a delay in payment of interest for at least one month or delay in payment of installment at least twice.
3) Since June 24, 2003, the Defendant delayed the repayment of the principal and interest of this case. As of February 17, 2016, the principal and interest of this case remains at KRW 425,018,105 (i.e., principal and interest of KRW 91,050,892) (i.e., principal and interest of KRW 333,967,213). B, the Defendant’s husband of each of the instant real property, including creation of a collateral mortgage, etc.) with respect to the land C and its ground buildings owned by the Defendant (hereinafter “each of the instant real property”). As to the establishment of a collateral mortgage on each of the instant real property, B completed the registration of the establishment of the principal and interest of this case under the Plaintiff’s name of the debtor, and cancelled the registration on September 5, 1989.
2) Subsequent to B, on September 21, 1995, the registration of the establishment of a mortgage in the name of the Plaintiff in the name of the debtor B, the maximum debt amount of KRW 150,000,000, and the registration of the establishment of a mortgage in the name of the debtor B on September 27, 1995, the maximum debt amount of KRW 50,000,000, and the registration of the provisional attachment in the name of the plaintiff in the name of the debtor as the defendant was completed on April 14, 1998.