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(영문) 서울중앙지방법원 2019.02.13 2018가단5087404
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 19, 2015, the Plaintiff entered into a loan transaction agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) under which the debtor is the Plaintiff, the loan amount of KRW 70 million, and the interest rate and overdue interest rate of KRW 2.5% per month and KRW 2.9% per month, and the credit service provider’s column in the loan transaction agreement was left blank.

(hereinafter referred to as the “instant loan transaction agreement” and the above loan claims are referred to as the “instant loan claim”). B.

On May 19, 2015, Nonparty Company entered into an agreement with the Defendant on the following terms (hereinafter “instant agreement”).

In 2010, the Defendant was a credit service provider that registered its business and credit business under the trade name of D or E.

After the conclusion of the instant agreement, the Defendant voluntarily closed his/her business on May 18, 2016, but registered his/her credit business in the name of F again on November 29, 2017.

The defendant and the non-party company agree to lend the plaintiff's real property as collateral to the plaintiff as follows.

Article 1. Registration of real estate: The defendant shall execute the loan under the name of the defendant as collateral and execute the registration of creation of real estate as collateral under the name of the defendant.

Article 2 Claims and Security Rights: The claims in this case, the conditions of Article 3 of the Act on Mortgage on Real Estate: the defendant's 65 million won, and the non-party company's 5 million won investment and pay to the plaintiff, and the defendant's agreement (investment) interest rate shall be 1.3% per month.

Article 4 Benefits and Distribution: All profits accrued from the claim of this case shall be the profits of the non-party company.

The non-party company shall distribute the agreed investment interest rate preferentially to the defendant and disburse the remaining profits for the operating funds and bonds management expenses of the company.

Article 5: The defendant entirely delegates the claim of this case to the non-party company, and the non-party company shall exercise overall control over the claim and exercise the claim, and the defendant shall cooperate with the non-party company as much as possible.

C. As to the instant real estate, the Plaintiff was the Seoul Central District Court on December 2015.

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