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(영문) 인천지방법원 2015.09.04 2015가합50930
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1.The following facts of recognition may be admitted, either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 to 6, Eul evidence 7, Eul evidence 3 (including each number), and the whole purport of arguments:

The Plaintiff’s claim against C was in arrears with a total of KRW 505,873,450 as indicated below with value-added tax and global income tax, etc. based on the time of the Plaintiff’s filing of the instant lawsuit.

On March 31, 2003, value-added tax of 140,870 won, 140,810,930 won on March 31, 2003; 1,611,970 won; 320,960 won on October 31, 2003; 320,960 won on October 31, 2003; 30,379,60 won on November 30, 37, 2008; 37. 37. 4. 8. 4. 7. 7. 8, 204, total amount of value-added tax of 140,50 won on March 31, 2004; 4. 8. 37. 37. 8, 379,600 won on global income; 4. 7. 1,500 won on global income of 38. 38,504 won;

B. On June 28, 2006, C filed a lawsuit claiming a loan against Defendant B by Incheon District Court 2006Gahap8197. While the lawsuit is pending, Defendant B filed a lawsuit claiming a confirmation of the existence of an obligation against Defendant B by counterclaim as Incheon District Court 2007Gahap12988. (2) On November 28, 2008, the court of first instance rendered a judgment that partly accepted C’s principal claim and Defendant B’s counterclaim. On the first instance judgment, both Seoul High Court and Defendant B appealed [Seoul High Court 2009Na811 (main claim), 2009Na828 (Counterclaim)]; on June 28, 2011, the appellate court shall waive the claim against Defendant B by the counterclaim, and pay the consolation money to the Plaintiff by 301.5 million won, respectively.

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