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(영문) 수원지방법원안양지원 2019.05.03 2018가단8086
근저당권설정등기말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall have the Suwon District Court's Ansan Branch Registry on January 2, 2018.

Reasons

1. Facts of recognition;

A. On January 5, 2018, the Plaintiff borrowed KRW 65 million from the Defendant on July 18, 2018, with a maturity of KRW 85 million from the Defendant, and agreed to make an investment in virtual currency on behalf of the Plaintiff as KRW 65 million, and both the investment profits belong to the Plaintiff.

(hereinafter “instant statement of execution”). (b)

In order to secure the performance of the payment of the total amount of KRW 150,000,000,000 for the principal and interest specified in the instant performance note, the Plaintiff not only created a collateral security (hereinafter “instant collateral security”) on January 5, 2018 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) but also prepared a promissory note after issuing a promissory note equivalent to the same amount on January 9, 2018.

C. On August 10, 2018, the Defendant, based on the executory exemplification of the notarial deed of the said promissory note, received the Plaintiff’s order of seizure and collection as to the Plaintiff’s design physician’s fee claim against the third obligor C, and collected KRW 7,318,984 out of September 6, 2018.

By November 27, 2018, the Plaintiff paid the Defendant totaling KRW 76,109,307,000,000 per annum, which is the highest interest rate prescribed by the Interest Limitation Act, from January 5, 2018 to November 27, 2018, and the interest and delay damages calculated by the Defendant at 25% per annum, which is the highest interest rate prescribed by the Interest Limitation Act, from January 5, 2018 to November 27, 2018.

[Grounds for recognition] Gap evidence Nos. 1 through 5, 9, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Determination

A. The agreement on the loan as stipulated in the letter of performance of this case is null and void in the part exceeding the highest interest rate stipulated in the Interest Limitation Act among the 85 million won, and according to the above recognition, the debt of this case is subject to compulsory execution based on the above seizure and collection order.

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