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(영문) 춘천지방법원속초지원 2015.12.22 2014가단3919
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. The Defendant sought no longer to proceed with the above business after the expiration of the contract period of joint operation because it is difficult to maintain the business jointly with the Plaintiff’s son C (hereinafter “the Plaintiff”) as well as the Plaintiff’s son C (hereinafter “the Plaintiff”).

Accordingly, on May 17, 2010, the Deceased received KRW 365,000,000 from the Defendant for operational funds (hereinafter “the loan”). On June 21, 2010, the Deceased created a collateral security (hereinafter “instant collateral security”) under the Defendant’s name on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) as collateral.

Therefore, the above funds have the nature of the operating funds, and have the nature of the domestic loan funds.

Even if the deceased fully pays the above money to the defendant, the above collateral should be cancelled in accordance with the father's nature.

B. The instant collateral security right is a comprehensive collateral security established on June 16, 2010 between the deceased and the Defendant, who had a continuous transaction of loan for consumption, to secure the maximum amount of debt incurred prior to the establishment of the instant collateral security agreement, and the obligations arising from future loan for consumption, up to 50,000 won.

However, the Defendant asserted to the Deceased that: (a) of the interest on the borrowed money of 88,280,618, May 27, 2011; (b) KRW 100,000,000,000 on July 28, 2011; (c) KRW 120,000,000 on August 29, 201; (d) KRW 508,280,000 on March 28, 2012; and (e) KRW 1,280,618 on May 17, 201; and (e) KRW 1,20,000 on the interest on the borrowed money of 10,00,000 on the interest on the borrowed money of 17, 200,000,000 on the loan money of 10,008,081 on the loan money of 20,0081.

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