(영문) 수원지방법원안산지원 2016.04.22 2013가단42540

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(영문) 수원지방법원안산지원 2016.04.22 2013가단42540

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1. The plaintiff's claim is dismissed.

2. This Court is limited to March 31, 2014 with respect to cases of suspension of compulsory execution.

Reasons

1. Basic facts

A. (1) On May 6, 2009, the Plaintiff agreed to borrow KRW 70,000,000 from the Defendant at the maturity of May 6, 2010 and at the rate of 2% per month (the interest and delayed interest rate after the maturity of payment shall also be the same as the interest and delayed interest rate after the maturity of payment) (No. 2).

8. The Defendant was paid KRW 67,100,000.

2) On May 6, 2009, the Plaintiff is entitled to each of the real estate listed in the separate sheet Nos. 1 and 2 with the Defendant (hereinafter “each of the instant real estate”).

(2) As to each of the instant real estate, the Defendant agreed to establish a mortgage agreement that constitutes a maximum debt amount of 90,000,000 as follows. On the same day, each of the instant real estate was completed to the Defendant on the same day (hereinafter “mortgage”).

(2) Article 1 of the Act provides that “A person who has created a right to collateral security shall set up a right to collateral security against the Defendant on August 1, 2010 (Provided, That on March 2, 2010, the time limit for payment of interest shall be extended, but the time limit for payment shall not be extended, and the time limit for payment of interest shall be 3% per month shall be 50,000,000 won shall be 50,000 won shall be 3% per month of the interest rate, and Article 1 provides that “A person who has set up a right to collateral security shall put his/her signature and affix his/her seal on the certificate of debt guarantee, etc.” and “A” shall put his/her signature and affix his/her seal on the certificate of debt security as a guarantor.

2) In addition, the Plaintiff prepared to the Defendant a debt confirmation and a loan certificate (Evidence B No. 1) with the following content on the same day, and C signed and sealed as a guarantor for KRW 50,000,000 on the said document. Each of the instant real estate was secured by each of the instant real estate, and the Plaintiff was 15,000,000 won to the Defendant (the amount of debt, including the principal and interest, for a period from May 6, 2009 to 30 months.

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