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(영문) 전주지방법원 2021.01.22 2017가단22072
근저당권말소
Text

The lawsuit of this case concerning the confirmation of non-existence of a debt shall be dismissed.

2. Defendant (Counterclaim Plaintiff) is the counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On April 10, 2017, the Plaintiff: (a) borrowed KRW 40,00,000 from the Defendant at an annual interest rate of 27.9%; (b) due date of repayment on April 9, 2022; and (c) concluded a monetary consumption lending contract under the name of the Plaintiff (hereinafter “the instant lending contract”) and a written agreement for the establishment of the right to collateral security (hereinafter “instant collateral security agreement”); and (b) drafted the instant lending contract and the agreement for the establishment of the right to collateral security (hereinafter “the instant agreement”).

The Defendant completed the registration of the establishment of the right to collateral security stated in the attached list No. 2 (hereinafter “instant registration”) on the real estate stated in the attached list according to the instant agreement for establishment of the right to collateral security.

B. At the time of the preparation of the instant contract, the Defendant entrusted E Company with the right to request a visit to the contract, and the employees F of the said Company posted the Plaintiff’s driver’s license at the time of the requisition of the instant contract attached a photograph to the instant loan agreement, which was prepared by the Defendant at the time of the requisition, on the “NCCS site” identification card and real document similar to that, and there was no accompanying person, and as long as there was no conversation, the Defendant stated it as working for the solar company.

(c)

The Plaintiff married with G in 2005, and around 2017, G filed a complaint with the purport that G acquired the loan by forging and using a loan contract different from the instant contract in the name of the Plaintiff.

G was acquitted at the first instance court of the above criminal case on January 31, 2019, but the above judgment was finalized on June 17, 2020 on the grounds that the above criminal facts were found guilty at the appellate court on June 9, 2020.

(d)

G withdrawn around September 2017, and the Plaintiff filed a divorce and solatium claim lawsuit against G on June 2, 2020, and the Plaintiff and G were sentenced to divorce on June 17, 2020.

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