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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C on July 5, 2006, borrowed KRW 50,000,00 from the Plaintiff, and the interest rate shall be 1% per month, and the due date shall be July 5, 2009, written a certificate of borrowing (No. 3; hereinafter “the certificate of borrowing”).
The loan certificate of this case is written by C as joint and several sureties.
B. C on July 12, 2006, on the ground of the contract to establish a contract on the second real estate as indicated in the attached list, C completed the registration of creation of a neighboring mortgage as the maximum debt amount of 50,000,000 won, the debtor C and the plaintiff of the right to collateral security, as the head of the Chuncheon District Court Branch Office, No. 42136, July 12, 2006.
In addition, C completed the registration of creation of a mortgage on the first real estate listed in the attached list as the ground of additional contract on July 19, 2006 with respect to the Plaintiff as the maximum debt amount of 50,000,000 won, and the debtor C and the mortgagee as the Plaintiff on July 19, 2006, under the title of 43137, which was received on July 19, 2006.
(1) Each real estate listed in the separate sheet is referred to as “each real estate of this case,” and the real estate of this case is referred to as “the first real estate of this case,” and “the second real estate of this case,” when separately designating the first real estate of this case and the second real estate of this case. In addition, the two collateral mortgages and the establishment registration of the establishment of the neighboring mortgage of this case are referred to as “the
Around the time of completion of the registration of the establishment of the establishment of the instant neighboring property, the Plaintiff is aware of only the Gu million won out of the amount of the establishment of the Plaintiff’s million won. The loan certificate is null and void. The receipt of the loan certificate of 10 million won, which was created, is null and void.
D on September 14, 2006, a notary public drawn up a notarial deed for a loan for consumption (No. 5) with the document No. 1417 dated September 14, 2006, 2006, No. 1417, which was signed by a notary public.
The content of the above notarial deed is that D borrowed KRW 9,00,000 from the plaintiff on December 29, 2005 and the interest rate shall be 60% per annum and it shall be repaid until September 15, 2006.
(e).