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(영문) 창원지방법원마산지원 2017.04.07 2016가단105650
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. On January 15, 1997, A entered into a credit guarantee agreement with the Plaintiff with the coverage of KRW 25 million and the coverage period of KRW 25 million. On January 20, 1997, A borrowed KRW 25 million from the Gu Agricultural Cooperative (hereinafter “Gu Agricultural Cooperative”) on January 20, 1997 (interest rate of KRW 13.5% per annum, interest rate of KRW 18% per annum, and due date of repayment of January 20, 199).

B. C, on March 5, 1997, entered into a credit guarantee agreement with the Plaintiff with the coverage of KRW 25 million and two years, and borrowed KRW 25 million from the former Agricultural Cooperative on March 5, 1997 (interest rate of KRW 13.5% per annum, interest rate of KRW 18% per annum, and due date of repayment of March 5, 1999).

At the time, A has jointly and severally guaranteed C's obligations based on the above credit guarantee agreement.

C. On the other hand, A, on January 26, 1998, indicates only the lot number, without omitting the address for convenience after the date D of Changwon-si, Changwon-si, 1998.

B With respect to the land (hereinafter “instant land”), E and above ground buildings, the Defendant created a right to collateral security with a maximum debt amount of KRW 70 million.

(B) Of them, the right to collateral security on the land of this case is referred to as the “mortgage of this case”).

On July 28, 200, the Plaintiff repaid 34,710,885 won as a loan debt of C, and 35,026,50 won as a loan debt of A on August 11, 200, respectively, to the Hansan Agricultural Cooperative on July 28, 200 upon the performance of the obligation to guarantee the payment of the guaranteed debt of C.

E. On January 2, 2013, the Plaintiff received a payment order (the Changwon District Court 2012 tea3806) stating that “The payment order (the Changwon District Court 2012 tea3806)” and “the payment order (the Changwon District Court 2012 tea3806)” and “the payment order (the Changwon District Court 2012 tea3804) was jointly and severally with C, and the payment order was fully finalized.

F. A is a state in which there is no particular property other than the instant land.

[Reasons for Recognition] Facts without dispute, Gap 1-10 evidence (including virtual numbers; hereinafter the same shall apply) and Eul 1 evidence

2. The plaintiff's assertion of this case.

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