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Reasons
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(영문) 수원지방법원여주지원 2014.06.11 2013가단6867
근저당권설정말소등기이행
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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. On December 31, 2009, the Plaintiff Company agreed to borrow KRW 400 million from the Defendant to provide the Defendant with each of the instant real estate as collateral in order to secure its obligation. Accordingly, on January 18, 2010, the Plaintiff Company entered into a mortgage agreement with respect to each of the instant real estate with a maximum debt amount of KRW 480 million, as to each of the instant real estate, and concluded a mortgage agreement with the Defendant, the Defendant, and the Plaintiff Company with respect to each of the instant real estate, and completed the instant mortgage agreement with respect to each of the

B. On December 31, 2009, the Defendant additionally lent KRW 337 million to the Plaintiff Company as well as KRW 250 million on October 4, 2010, KRW 100 million on November 2, 2010, KRW 120 million on December 1, 2010, KRW 20 million on December 1, 201, KRW 15 million on December 31, 201, KRW 50 million on January 31, 201, KRW 30 million on May 26, 201, and KRW 200 million on August 201.

C. From March 31, 2010 to October 5, 2011, the Plaintiff Company paid 530,700,000 won to the Defendant as above during the 28-time period from March 31, 2010 to October 5, 2011, and the remaining amount of the Plaintiff Company’s debt is KRW 773,710,532 and damages for delay.

[Ground of Recognition] Unsatisfy, Gap-1, 2, 4, 8,

9. Each description of 10, 13, 14, Eul evidence 1, 2, and 4 (including each number), and the purport of the whole pleadings;

2. The plaintiff company's assertion and judgment

A. (1) The Plaintiff Company asserts that the instant right to collateral security was completed for a specific claim security, and that the secured obligation is limited to the loan obligation in an amount equivalent to KRW 33.7 million borrowed from the Defendant at the time of registration of creation, and that the said secured obligation should be cancelled since the said secured obligation is extinguished if the Plaintiff Company calculates the money paid by the Defendant to the Defendant according to satisfaction of payment.

B. Dodr decision, the money paid to the Plaintiff Company at the time of the establishment of the instant collateral security.

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