Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
Article 1 (Confirmation of Existing Obligations and Joint and Several sureties) (1) It is confirmed that the existing obligations against the deceased's defendant are KRW 1 billion as of May 25, 201.
② The Plaintiff shall jointly and severally perform the obligations specified in Article 1 as against the Defendant by the Deceased.
Article 2 (Creation of New Claims) The defendant shall lend KRW 100 million to the plaintiff.
Article 3 (Methods of Redemption) (3) The Deceased and the Plaintiff shall pay the amount of KRW 70 million out of the existing debts specified in Article 1 and the new amount of KRW 100 million as stated in Article 2 until August 15, 201, and pay damages for delay (30% per annum) applying the statutory highest interest rate at the time of delay.
④ In relation to the above paragraph (3), the Plaintiff shall prepare and deliver to the Defendant a notarial deed of monetary loan agreement of KRW 170 million in the amount of debt.
Article 4 (Creation of Security Right) In order to secure the performance of the obligation borne by the Deceased and the Plaintiff under Articles 1 and 2 above, the obligee’s real estate owned by the Plaintiff shall be provided as follows:
(5) For the performance of new obligations prescribed in Article 2, the Plaintiff shall immediately implement the registration of creation of a mortgage on the building, the site of the inspection, and the site of the inspection, with respect to the operation of the existing legal building on the site of the inspection, and the site of the inspection, in the first order.
On May 15, 201, the network D (the deceased on October 24, 2016, hereinafter “the deceased”) between the Plaintiff and the Plaintiff’s representative, which is the husband of the Plaintiff, drafted a written agreement with the Defendant as follows (hereinafter “instant agreement”).
On May 25, 2011, pursuant to Article 3(4) of the instant agreement, the Plaintiff and the Defendant drafted a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) stating, “The Plaintiff: (a) interest rate of KRW 170 million from the Defendant on May 25, 2011; (b) interest rate of KRW 30% per annum; and (c) interest rate of late payment; and (d) interest period of time on August 15, 2011.”
The defendant on April 30, 2012 attached Form, owned by the plaintiff.