logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.05.12 2019가단236631
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. D, on July 22, 1998, extended a loan of KRW 38,00,000 to part payments of housing units in lots (hereinafter “instant part payments loan”) from E on July 22, 1998, and received a loan of KRW 1,640,000 on July 11, 1998, KRW 11,640,000 on November 3, 1998, and KRW 10,920,000 on December 19, 198, and KRW 3,80,000 on March 16, 1999.

[Comprehensive Security] An obligor’s present and future obligation against the obligee:

(a) All obligations arising from bills lending, deed lending, overdraft lending, discount of bills, payment guarantee, sales credit transaction, mutual installment transaction, collection and delivery, securities lending, foreign exchange transaction or any other credit transaction;

(b) Obligations due to transactions by credit cards;

(c)as regards the obligee and the third party:

guarantee for such transaction;

(d) The obligee’s status with the third party.

(1) The term of settlement of accounts for a bill or check (the term of settlement of accounts for mortgage) acquired through transactions shall not be set forth.

In such cases, the developer may designate a period for the settlement of accounts for the root by written notice, and the period for the settlement of accounts shall be 14 days after the date of arrival of notice, and if it falls short of such period, the 14 days after the date of arrival of notice shall be the period for the settlement of accounts.

B. On February 5, 199, E concluded a comprehensive collateral security contract with D and D as KRW 49,400,000 with the maximum debt amount as follows: (a) A bears all obligations, etc. arising from credit transactions currently and in the future against D with respect to E (hereinafter “instant comprehensive collateral security contract”).

C. On March 10, 199, according to the instant comprehensive collateral security contract, E created the right to a site in the instant real estate as joint collateral with D on November 1, 2001 by concluding a contract for additional collateral security with D on August 10, 2002.

arrow