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(영문) 서울중앙지방법원 2016.11.11 2015가단5310684
대여금
Text

1. Defendant B’s KRW 123,500,000 and interest rate of KRW 25% per annum from December 18, 2012 to the date of full payment.

Reasons

1. Basic facts

A. On December 17, 2012, the Plaintiff leased KRW 123.5 million to Defendant B at an annual interest rate of 25%.

B. In order to secure the above debt, Defendant C completed the registration of the creation of a collateral security right in the name of the Plaintiff (hereinafter “instant collateral security right”) under the name of the Seoul Central District Court, Seoul Central District Court No. 64468, Dec. 17, 2012, which became the maximum debt amount of KRW 123,500,000,000, with respect to the real estate indicated in the separate list of real estate (hereinafter “instant real estate”).

C. Although Defendant B did not pay the above debt on the ground that it had the registration right of the establishment registration of the instant mortgage, the Plaintiff arbitrarily prepared a power of attorney to delegate the cancellation of the instant mortgage with Defendant C, and delegated the cancellation to a certified judicial scrivener E. As a result of the Plaintiff’s application for cancellation on behalf of the Defendant C, the registration of the establishment of the instant neighboring mortgage was cancelled due to the cancellation registration (hereinafter “registration of cancellation”) on the ground that the registration of cancellation was completed on February 15, 2013 by the Seoul Central District Court’s Seoul Central District Court’s receipt No. 6695, Feb. 14, 2013.

With respect to the instant real estate, Hyundai Capital Co., Ltd. completed the registration of creation of a mortgage consisting of KRW 360 million with the maximum debt amount of KRW 360 million on February 28, 2013, and completed the registration of creation of a mortgage on January 16, 2014 to the Defendant Korea Housing Finance Corporation on April 25, 2013. Defendant D completed the registration of establishment of a mortgage consisting of KRW 100 million with the maximum debt amount of KRW 100 million on November 26, 2014.

E. On September 8, 2015, Defendant B prepared and issued the following certificates to the Plaintiff (hereinafter “instant certificates”).

F. On February 12, 2016, Defendant B sought the Plaintiff, and borrowed KRW 123.5 million from the Plaintiff on December 17, 2012 at interest rate of 25% per annum. Although Defendant B did not obtain delegation from the Plaintiff on the cancellation of the instant right to collateral security, Defendant B’s registration of the establishment of the instant right to collateral security at will.

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