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(영문) 서울중앙지방법원 2015.09.23 2015가단30952
채무금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant concluded a contract to establish a right to collateral security with respect to B apartment Nos. 106, 801 (hereinafter “instant real estate”) owned by the Plaintiff as follows, and executed the loan accordingly.

1) The establishment of a right to collateral security on October 30, 2003, the establishment of a right to collateral security on November 17, 2003, the establishment of a right to collateral security (the scope of a right to collateral security: the scope of a right to collateral security has been changed to the comprehensive right to collateral security on September 8, 2006), the loan of KRW 100 million on August 29, 200, the re-loan of KRW 206 on September 6, 2005, the establishment of a right to collateral security (the scope of a right to collateral security) of KRW 975 million on the same day, the establishment of a right to collateral security (the scope of a right to collateral security) of KRW 130 million on September 15, 2005, the establishment of a right to collateral security (the scope of a right to collateral security), and the establishment of a right to collateral security of KRW 375 million on September 37, 2005, including two hundred seven billion on September 415).

B. On July 27, 2011, the Defendant offered a credit loan of KRW 39 million to the Plaintiff.

C. On September 27, 2012, the Plaintiff filed an application for individual rehabilitation, and reported the remaining Defendant’s loan claims except for credit loans as claims with the right to separation from bankruptcy. On October 23, 2013, the Plaintiff was decided to authorize the repayment plan.

On the other hand, on March 21, 2014, the voluntary auction procedure for the instant real estate was initiated upon the Defendant’s request.

Therefore, the plaintiff requested the defendant to withdraw the application for voluntary auction with the repayment of the remainder of the principal and interest of the loan except for credit loans, and the defendant clearly stated that he will withdraw the above application for auction only if he has to repay all of the credit loans.

Accordingly, the plaintiff prepared a letter of commitment to repay all loans by May 31, 2014.

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