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(영문) 부산지방법원 2018.01.17 2017나40198
근저당권설정등기말소청구
Text

1. The plaintiff's primary and conjunctive claims that are changed alternatively in this court are all dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff’s existing loan obligations (1) around October 25, 2013, extended KRW 124,800,000 from the Nonghyup Bank Co., Ltd. (hereinafter “CF”) (hereinafter “CF”) to KRW 124,80,00 (the loan interest rate shall be 3% per annum at a floating rate; hereinafter “CFF loan”), and on the same day to the Nonghyup Bank as the collateral, set up a collateral on the instant real estate amount of KRW 149,760,00 with respect to the maximum debt amount.

(2) On December 18, 2014, the Plaintiff: (a) borrowed KRW 40,000,000 from Nando Mutual Savings Bank Co., Ltd. (hereinafter “Nando Mutual Savings Bank”); (b) granted loans from Nando Mutual Savings Bank (hereinafter “Nando Mutual Savings Bank”) (the loan interest rate is 16% per annum; hereinafter “Nando Mutual Savings Bank Loan”); and (c) on the same day as the collateral, set up a collateral security amount of KRW 52,00,000 to

B. On February 17, 2015, the Plaintiff borrowed KRW 8,000,000,000 from A&I Capital Loan Co., Ltd. (hereinafter “A&I Capital Loan”) (hereinafter “A&I”) (the loan interest rate is 34.80% per annum). On the same day, the Plaintiff borrowed KRW 30,000,000 from mountain and Loan Co., Ltd. (hereinafter “I&I Loan”).

(B) On February 25, 2015, the Plaintiff granted a loan of KRW 160,000,000 from the Defendant (the loan interest rate shall be 24% per annum; hereinafter “Defendant’s loan”); on the same day, the Plaintiff set up a collateral (hereinafter “mortgage”) with a maximum debt amount of KRW 240,000,000 to the Defendant on the same day.

(hereinafter “instant mortgage contract”). D.

The Plaintiff’s existing loan repayment and cancellation of the registration of the establishment of a neighboring mortgage are as follows.

As indicated in paragraph (1), the Nonghyup Bank fully repaid its loan obligations and its loan obligations with a loan extended by the Defendant and the money borrowed from the Defendant. Accordingly, on February 27, 2015, the registration of the establishment of a neighboring establishment of the Nong Bank under the name of the said Nonghyup Bank and the name of the said U.S. Mutual Savings Bank.

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