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1. The defendant shall receive on February 11, 1998 from the Cheongju District Court with respect to the real estate stated in the attached list to B.
Reasons
1. Basic facts
A. The Plaintiff filed an application against B for a payment order seeking payment of KRW 56,847,216, which was KRW 56,848, the acquisition amount of KRW 56,847,216, and the said payment order was finalized on April 1, 2016.
B. On February 11, 1998, the Defendant, the birth of B, completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) consisting of the obligor B and the maximum debt amount of 20,000,000, based on the contract concluded on October 10, 1997, with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”).
C. On June 29, 2016, B: (a) on October 10, 1997, “B borrowed KRW 15,00,000 from the Defendant with a maturity of 3% (hereinafter “interest”) and October 10, 1998; and (b) confirmed the failure to repay the said borrowed amount; and (c) issued a written notice of payment to the Defendant, stating that “B shall pay the interest calculated on the basis of the principal amount of KRW 15,000,000 and the interest from February 11, 1998” (hereinafter “written notice of payment”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2-1, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is the Plaintiff’s creditor, and since the statute of limitations has already been completed as a commercial debt, the Plaintiff sought the cancellation of the registration of creation of a mortgage near the instant case in subrogation of B.
B. The summary of the Defendant’s assertion (1) on October 26, 2002, the Defendant lent KRW 15,000,000 to B and her husband C. From May 2002 to October 23, 2002, the Defendant lent KRW 10,450,000 to C. Even during the period from October 23, 2002, but did not have been repaid KRW 15,00,000 to C even on October 26, 2002.
(2) B and C agreed to repay the above loan to the Defendant several times, and B, by preparing and delivering the letter of payment in this case, renounced the acceptance of the debt or the benefit of extinctive prescription regarding the secured debt of the registration of the establishment of mortgage in the vicinity of the instant case.
(c).