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(영문) 대구지방법원포항지원 2016.05.10 2015가단303575
근저당권말소
Text

1.(a)

Defendant Port Co., Ltd. shall register to B the Daegu District Court for the real estate stated in the attached Form, and on December 12, 1994.

Reasons

1. Facts of recognition;

A. On June 28, 1997, the Korea Credit Depository (which was changed from March 1, 2002 to Gyeongbuk Mutual Savings Bank, which was declared bankrupt on February 27, 2008) set the agreement of KRW 200 million to Nonparty C at 15.5% per annum, and Nonparty B, etc. jointly and severally guaranteed this.

Since then, the above company filed a lawsuit against Nonparty C, B, etc. seeking payment of KRW 109,122,825 of the final and conclusive attempted amount not repaid under the Daegu District Court Port Branch 2001Kadan2837, which was affirmed on May 31, 2001. The above judgment became final and conclusive around that time.

B. After that, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against Nonparty C and B for the extension of the extinctive prescription against the claim regarding KRW 9,120,634 of the said judgment amount, which was not yet repaid, with the judgment of the court below on April 7, 2011, including “Defendant C and B jointly and severally pay to the Plaintiff 99,120,634 won and interest rate of 20% per annum from February 11, 2011 to the date of full payment,” and the above judgment became final and conclusive on April 28, 2011.

(hereinafter “final judgment of this case”). C.

On February 6, 2015, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) transferred claims based on the final judgment of this case to the Plaintiff (hereinafter “transfer of claims”) and notified the Plaintiff of the said transfer on April 20, 2015.

As of January 11, 2016, the principal and interest on claims against the Plaintiff B based on the final judgment of the instant case against the Plaintiff (i.e., KRW 96,611,887 (i.e., the principal amount of KRW 99,120,634, which is calculated at the rate of 20% per annum from February 11, 2011 to January 11, 2016).

E. Meanwhile, B: (a) as to the real estate in the attachment No. B owned by Defendant Port Co., Ltd. (hereinafter “instant real estate”), the Daegu District Court’s Pohang-si registry and the maximum debt amount No. 85355, Dec. 30, 1994, and KRW 46,795,000, respectively.

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