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(영문) 광주지방법원목포지원 2016.04.21 2015가합934
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 29, 201, B00, an agricultural partnership obtained a credit guarantee of KRW 255,000,000 from the Plaintiff and obtained a loan of KRW 300,000 from the Nongan Military Branch of the Nonghyup Bank Co., Ltd. (hereinafter “CF”) on the same day (hereinafter “CFF”) as the maturity date set by July 29, 2013.

(2) On November 2, 201, the Plaintiff issued a credit guarantee certificate of KRW 85,00,000 as security deposit from the Plaintiff on November 2, 201, and received a loan of KRW 100,000,000 from the Nongan-gun Branch of the Nonghyup Bank on the same day after the due date was set as November 2, 2013.

The loan No. 2 of this case is hereinafter referred to as "each of the loans of this case, including the loans No. 1 and 2 of this case".

(B) Na. After that, B did not repay each of the instant loans until the due date, the Nong-gun Branch demanded the Plaintiff to repay each of the instant loans on behalf of the Plaintiff. Accordingly, on December 30, 2014, the Plaintiff paid KRW 260,713,192 out of the principal and interest of the instant loans, and KRW 86,229,052, out of the principal and interest of the instant loans, to the Nong-gun Branch on behalf of the Nong-gun Branch on behalf of the Nong-gun Branch on behalf of the Plaintiff. C.C. (D) The Defendant remitted KRW 242,50,00 to the Nong-gun Branch on July 11, 2014, and B farming association transferred KRW 242,50,00 among the principal and interest of the instant loans to the Defendant on the same day.

A contract to establish a right to collateral security is concluded and hereinafter referred to as the "mortgage contract of this case").

On July 11, 2014, Gwangju District Court rendered the registration of the establishment of a neighboring mortgage of KRW 325,00,000 to the maximum debt amount as the receipt of No. 19423 on July 11, 2014.

hereinafter referred to as "the establishment registration of a neighboring mortgage of this case"

D. B On August 30, 201, an agricultural partnership borrowed KRW 145,00,000 from the Agricultural and Fishery Marketing Corporation as of August 30, 2021, the due date for repayment of KRW 145,000,00 from the Agricultural and Fishery Marketing Corporation. As security, the instant case is against the Agricultural and Fishery Marketing Corporation on August 26, 201.

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