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(영문) 수원지방법원 2017.07.21 2016가합74671
근저당권말소
Text

1. On August 1, 2014, the Plaintiff (Counterclaim Defendant) paid KRW 181,786,70 to the Defendant (Counterclaim Plaintiff) and KRW 18,786,70 among them.

Reasons

1. Basic facts

A. On December 22, 2003, the Plaintiff respectively borrowed KRW 10 million from the Defendant, and KRW 90,000,000 from December 30 of the same year, and on March 2, 2004, borrowed KRW 200,000,000 per month from the Defendant.

On December 22, 2003, the Plaintiff borrowed KRW 20 million from the Defendant and repaid it on January 5, 2004 and February 6, 2004.

On March 3, 2004, the Plaintiff and the Defendant drafted a loan certificate stating that the Plaintiff borrowed KRW 270 million from the Defendant (hereinafter “the loan certificate of this case”).

After that, the Plaintiff and the Defendant agreed on the above KRW 200 million as the interest rate of KRW 1.6 million per month from January 3, 2008 (=9.6% per annum). The Plaintiff paid interest until July 31, 2014.

B. In addition to the above money from the Defendant, the Plaintiff borrowed several times of money until November 2, 2006, including borrowing KRW 10 million on June 28, 2004.

The loan borrowed by the Plaintiff against the Defendant is as stated in the calculation table of the amount appropriated in the attached sheet.

C. The Plaintiff, from January 5, 2004 to November 30, 2009, remitted to the Defendant respectively KRW 54,000,000 on July 6, 2005 and KRW 54,000 on October 31, 2005, and repaid the borrowed amount to the Defendant from time to time.

The details of the Plaintiff's repayment are as follows: "Calculation of appropriation amount" as stated in the calculation table of appropriation amount.

The Plaintiff borrowed on January 4, 2006, 200,000 won from the Defendant to pay the installment by borrowing the Defendant’s vehicle purchase price from the Defendant, and paid the Defendant KRW 630,000 or KRW 670,00 per month from the same date to January 5, 2009.

In addition, it borrowed 30 million won around October 2006 and paid 990 million won over 36 times from December 12, 2006 to October 1, 2009.

E. On March 11, 2009, the plaintiff owned by the defendant on March 11, 2009, the land stipulated in Paragraph (1) of the Disposition No. 1, which is owned by the plaintiff, does not exceed the maximum debt amount of KRW 200,000,000,00

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