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Reasons
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(영문) 대구지방법원 포항지원 2021.02.04 2020가단101780
근저당권말소
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On May 15, 2019 between the plaintiff and the defendant, the obligation based on the self-consumption lending contract between the plaintiff and the defendant on November 15, 2019 is 20 million principal as of November 15, 2020.

Reasons

Facts of recognition

A. The Defendant operated the number limit of KRW 20 million for 16 months from October 15, 2018 to January 15, 2020.

B) The Plaintiff joined an 1/2 unit among 11 units and 27 units, and joined an 2.5 unit in total.

Of No. 11, 1/2 old units were changed to 1/2 old units among No. 9.

C) In the month of receiving a fraternity payment, payment of KRW 20,000 per share shall not be made, but shall be made, prior to the receipt of the fraternity payment, KRW 1350,000 per share, KRW 675,00 per share, prior to the receipt of the fraternity payment.

After the receipt of the fraternity, the amount paid in installments is KRW 1.65 million per old unit, KRW 825,000 per old unit, KRW 1/200,000 per old unit.

On June 15, 2019, the Plaintiff was transferred KRW 6.8 million after deducting KRW 4.1 million from the Defendant’s KRW 1/2 of the previous accounts Nos. 9 from KRW 1/2 of the previous accounts from KRW 4.1 million.

The term “interest of KRW 700,000,000 per month” means the interest of KRW 3.3 million per annum, and interest of KRW 700,000 per annum on May 15, 2019.

As alleged by the Plaintiff, there is no evidence to acknowledge that “pre-paid interest KRW 700,00” is “interest” and the Plaintiff appears to have agreed to pay every month even in light of the details of remittance of the Plaintiff.

The Plaintiff, at 10,00 won, KRW 100,00,00,00,000,000,000,000,00 won, received all of the previous accounts for 2.5,000,000 won, adding to the “amount of KRW 4,125,00,000,000 (= KRW 1650,000 x KRW 825,00)” as of May 15, 2019.

The “interest of KRW 7,00,000,000,000 won and interest on KRW 4.125,000 won and interest on KRW 4,125,000,000,000,000,000,000,000 won and KRW 7,000,000,000 were paid from the Defendant during the period from October 7, 2019 to October 29, the Plaintiff paid KRW 6 No. 1707,00 from the Defendant.

No. 13 No. 4125,00 won, “interest of KRW 700,00,000,000” means no. 2 November 6, 2019 by the Plaintiff from the Defendant.

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