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(영문) 서울남부지방법원 2018.08.21 2017가단241455
근저당권말소
Text

1. The Defendant shall pay 75,358,755 won from the Plaintiff and 24% per annum from September 5, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. (1) The Defendant’s monetary loan (1) E served as the Plaintiff’s representative director and resigned on October 24, 201, and F served as the Plaintiff’s representative director from October 24, 201 to July 1, 2013.

(2) On August 1, 2012, the Plaintiff prepared and delivered a loan certificate (No. 1) stating that the Defendant would borrow money from the Defendant after establishing the right to collateral security with a maximum debt amount of KRW 100 million.

(3) The Defendant, based on the above loan certificate, transferred KRW 60 million on August 1, 2012, and KRW 18 million on August 29, 2012, to E’s account under the name of the Plaintiff’s representative director.

(hereinafter referred to as the “instant loan”) B.

On August 1, 2012, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “instant 1 collateral security”) with respect to the instant loan, which was owned by the Plaintiff, as a security against the Defendant, under Article 54292, the Seoul Southern District Court’s receipt of the registration of the Seoul Southern District Court, as to the Seoul Guro-gu District Court’s 667m2 and D 1,015m2 (hereinafter “each of the instant lands”).

(2) On November 6, 2015, the Defendant filed a voluntary auction on each of the instant lands with the Seoul Southern District Court G on November 6, 2015, upon which the Plaintiff did not repay the instant loan, and applied for a voluntary auction order from the above execution court on November 9, 2015. On the same day, the decision to commence voluntary auction was registered as Seoul Southern District Court’s receipt of registration No. 104665.

(3) On March 9, 2016, the Plaintiff paid KRW 15 million to the Defendant the repayment of the instant loan.

(4) After March 14, 2016, the Defendant withdrawn the application for commencement of the above voluntary auction on March 14, 2016, and on March 17, 2016, the registration of the decision on voluntary commencement of auction was cancelled.

C. The Defendant’s second right to collateral security (1), while the Plaintiff received each of the instant land from the Seoul Southern District Court on March 11, 2016 as additional security for the instant loan.

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