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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff borrowed KRW 100 million from C on February 12, 2008, and completed the registration of each of the instant mortgages creation with respect to each of the instant real estate owned by the Plaintiff on the same day. (ii) On May 19, 2010, the Plaintiff borrowed interest rate of KRW 36% per annum from the Defendant who is a credit service provider, 49% per annum, delay damages, and 90 million per annum on August 18, 2010 (hereinafter “the instant loan”).
3) In order to secure the instant loan, the Defendant received transfer of each of the instant collateral security claims from C, and completed a supplementary registration before and after the Defendant on May 20, 2010 with respect to each of the instant real estate. On the same day, the Defendant was issued and received promissory notes with a face value of KRW 1,50,000 from the Plaintiff for the payment of the instant loan amount, and received a notarized deed of this case on July 5, 2010. (b) On the last day of the instant case, the Defendant filed a lawsuit against the Defendant for the cancellation of the registration of each of the instant collateral security claims (No evidence exists to prove that the Plaintiff filed a lawsuit against the Defendant regarding the instant claim for the cancellation of registration with the Seoul Central District Court on the grounds that the respective collateral security claims of this case were fully extinguished due to the Plaintiff’s repayment and deposit for repayment.
In the above suit, the Defendant claimed the performance of the remaining portion of the loan of this case as a counterclaim.
The appellate court of the above case (Seoul Central District Court 2013Na19358, 2013Na19365, 2013Na19365, 2013Na19372) rendered a judgment of winning all the part of the defendant's counterclaim claim, and the part of the plaintiff's principal claim as to the plaintiff's principal claim was partially rejected as a condition of prior performance. However, the Supreme Court, which is the appellate court, reversed and remanded (Supreme Court 2014Da24785, 2014Da24792, 2092, 2014Da24808).