logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.14 2017가단500811
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, upon the request of D Co., Ltd. (hereinafter “Nonindicted Company”), intended to offer real estate owned by the Plaintiff as security when the Nonparty Company borrowed money from the Defendant.

Accordingly, on July 19, 2010, the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed with respect to the instant real estate by the Suwon District Court, under Article 27016, such as the receipt of machinery, such as leisure support, etc., with respect to the Plaintiff’s debtor and the Defendant, the maximum debt amount of KRW 130,000,000,

B. The Defendant decided to lend KRW 100,000 to the non-party company at 10% per month interest (hereinafter “instant loan”). Accordingly, the Defendant transferred KRW 8,00,000,000, excluding KRW 10,000,000,000 to the non-party company, which the non-party company should pay to the Plaintiff who is the collateral provider, according to the ratio of KRW 10,000 per month to KRW 10,000 per month from the date of completion of the registration of the instant establishment of the right to collateral security.

The defendant transferred the above two million won to E designated by the plaintiff on the same day.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The non-party company asserted that the Defendant paid a sum of KRW 292,150,000 to the Defendant as set out in the following table, as a repayment of principal and interest on the instant loan. Accordingly, the secured claim on the instant mortgage was fully repaid with the principal and interest, and thus the instant secured claim on the instant mortgage should be revoked.

(1) Evidence No. 4-12, 2010-8-30, 000, 12, 2010-9-30, 2000, 200 Gap evidence No. 4-2, 3-2, 2010-11-24,000, 000 Gap evidence No. 4-3, 2010-11-30, 2000- 24, 2000-12, 000-18, 4-12,000-18, 000-4-5, 201-2, 00-10, 10-2, 201-2, 10-10-2, 10-4, 10-2, 10-4, 10-10-2, 10-4, 10-10-2, 10-4, 2004

arrow