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(영문) 수원지방법원 2017.11.30 2017가합20886
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The repayment date of KRW 200,000,000 (two hundred billion) shall be fixed on March 31, 2017;

1. The debtor (the plaintiff, hereinafter the same shall apply) shall determine the interest equivalent to 3% per month on the 30th day of each month to the creditor (the defendant, hereinafter the same shall apply);

2. Monthly interest shall be fixed not to pay in arrears for two months;

3. It does not extend from the expiry date of the reimbursement of claims.

4.In the event of the arrival of the expiration date of the reimbursement, the debtor will decide to transfer the right to the subsidy received by the YY to the creditor so that the creditor may receive it.

The Defendant: (a) On April 1, 2016, KRW 10,000,000 in the account in the name of the Plaintiff’s trade name change (B limited partnership companies); and (b) the same month.

3. A total of KRW 200,000,000 and KRW 50,000,000 on April 29, 201 (hereinafter “the instant money”), respectively, deposited KRW 200,000,000 (hereinafter “the instant money”). As of April 1, 2016, Nonparty E’s name as the Plaintiff and the Plaintiff’s representative director (the representative member appears to have been written in writing) was written, and the Plaintiff’s name as the Plaintiff and the Plaintiff’s representative director (the representative member appears to have been written) affixed with the Plaintiff’s seal affixed on the name of the above E’s name (hereinafter “the instant loan certificate”). The main contents are as follows.

B. As to the instant money, as of April 1, 2016, the Defendant is the “mortgage-mortgage-mortgage-mortgage-holder” and the Plaintiff is the “debtor”. Of the instant money, a written agreement on the right to collateral security to set up each motor vehicle listed in the attached list No. 2 owned by the Plaintiff with regard to KRW 150,000,000 among the instant money, and as of the 5th day of the same month, a written agreement on the right to collateral security (hereinafter collectively referred to as the “written agreement on each of the instant rights to collateral security”) was formulated with regard to each of the instant money listed in the attached list No. 1 owned by the Plaintiff to set up the right to collateral security (hereinafter referred to as the “written agreement on each of the instant rights to collateral security”). The Plaintiff’s signature is affixed on the name of the Plaintiff

C. The defendant had the same month based on each of the documents establishing a mortgage in this case

6. As to each motor vehicle listed in the Appendix 1 List.

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