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(영문) 대전지방법원 서산지원 2018.02.01 2017가합50524
근저당권말소
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the original wind construction division of the corporation.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The loan of original wind construction and the decision to transfer contract 1) Original wind construction Co., Ltd. (former trade name before the change: Daei L&C Co., Ltd.; hereinafter referred to as “original wind construction”).

(C) On May 4, 2006, the Plaintiff entered into an agreement on the business of constructing new apartments on the land listed in the annexed Table 1 List 1, and accordingly, on August 4, 2006 (the due date was extended to April 4, 2007).

(2) On July 207, the Financial Supervisory Commission made a decision on the transfer of the existing contractual status, rights, and obligations under the former contractual status, and the following rights and obligations of the Hong Kong Mutual Savings Bank (Seoul), on the following grounds: (i) on April 4, 2006, the due date for repayment was set at 10% per annum, and (ii) on October 4, 2006, the due date was set at 22% per annum; and (iii) on October 4, 2007, the due date was set at 10% per annum, and (iv) the due date was set at 22% per annum.

B. On April 13, 2009, the Plaintiff entered into a contract for the transfer of land and business rights with the purport of acquiring the instant apartment site and the right to new construction from the Han Pung Construction. Around June 2, 2009, the Plaintiff concurrently acquired the Defendant’s debt of KRW 4 billion as stated in paragraph (1) (hereinafter “the instant loan debt”) (hereinafter “the instant loan debt”). With respect to the repayment of the Defendant’s debt, the maturity date is June 8, 2009, and from June 1, 2009 to June 1, 2009 (this rate of 3%), the Plaintiff submitted an application for credit extension (the extension of the due date and the change of conditions) with the content of equal installment of principal (10%) (hereinafter “new application”).

The repayment schedule attached to the loan shall be.

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