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(영문) 의정부지방법원고양지원 2014.10.01 2014가합1225
손해배상
Text

1. The Defendant’s KRW 61,684,684 as well as the Plaintiff’s KRW 5% per annum from July 29, 2014 to October 1, 2014.

Reasons

1. Basic facts

A. On March 22, 2012, the Defendant borrowed KRW 118,675,00 from the Korea Savings Bank.

B. In order to secure the Defendant’s above loan obligation, the Plaintiff entered into a mortgage contract with the Korea Savings Bank, the Hanyang-gu, Seoyang-gu, Seoul and its ground brick 139 square meters, and 67.36 square meters of a single-story house and 5.14 square meters of a single-story house owned by the Plaintiff (hereinafter “each of the instant real estate”), and completed the registration of establishment of a new Savings Bank, the debtor, the Defendant, and the maximum debt amount of 156 million won as to each of the instant real estate, as of March 22, 2012, the Jyang-gu District Court, Yangyang-gu, the Goyang-gu, the Goyang-gu, the Goyang-gu, the Goyang-gu, the Goyang-gu, the Seoul District Court, the Dayang-gu, the Goyang-gu, the Go

C. Each real estate of this case was the establishment registration of a neighboring mortgage of the National Agricultural Cooperative Federation, the plaintiff, the maximum debt amount of 7,280,000 won (hereinafter "the establishment registration of a neighboring mortgage"), which was received on September 25, 2001 by the Goyang Branch of the Korean Government District Court in the first order, was the establishment registration of a neighboring mortgage of the National Agricultural Cooperative Federation, the plaintiff, the maximum debt amount of 7,280,000 won ("the establishment registration of a neighboring mortgage of the first order"), and the second order of the registration office on February 14, 2008, under the Act No. 18152, which was received on February 14, 2008, the mortgagee of the National Agricultural Cooperative Federation, the defendant, and the maximum debt amount of 24 million won ("the establishment registration of a neighboring mortgage of the second order"), respectively.

On March 22, 2012, the Defendant subrogated for the secured obligation of the Plaintiff’s second secured mortgage to the National Agricultural Cooperative Federation at KRW 28,715,716, out of KRW 118,675,00, which was borrowed from the Korea Savings Bank.

E. On July 11, 2014, the Plaintiff repaid KRW 108,817,072 to the new Savings Bank on behalf of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 5-1 and 5-2, the purport of the whole pleadings

2. The plaintiff.

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