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(영문) 청주지방법원충주지원 2016.09.08 2015가단6947
근저당권말소
Text

1. The defendant is from May 15, 2013 to KRW 27,095,587 from the plaintiff corporation and KRW 22,095,587 among them.

Reasons

1. Basic facts

A. On April 27, 2010, the Defendant, via E, lent KRW 40,00,000 to the Plaintiff Company A (hereinafter “Plaintiff A”) through E, with the maturity of June 27, 2010 and KRW 37,600,000, deducting the amount of KRW 2,400,000 from the monthly interest, to E., the Defendant transferred KRW 36,40,000, among them, to the Plaintiff.

B. On May 4, 2010, the Defendant, via E, lent KRW 10,00,000 to the Plaintiff via E to the Plaintiff on June 27, 2010 due date and KRW 3% per interest month (hereinafter collectively referred to as the “each of the instant contracts” in combination with each of the loan agreements under the above subparagraph (a) and (b) deducted KRW 9,40,000 from the monthly interest rate of KRW 60,00,000. Of them, E remitted KRW 9,10,000 to the Plaintiff.

C. On April 26, 2010, in order to secure the above loan debt, Plaintiff C guaranteed the above loan debt to Plaintiff A, and on April 26, 2010, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) was completed in the name of the Defendant with respect to each real estate listed in Articles 1 and 2 of the attached Table Nos. 3 and 4 of the attached Table No. 3 owned by Plaintiff C.

Plaintiff

A repaid a total of KRW 20,500,000 to the Defendant through E from June 30, 2010 to September 9, 2011, and remitted a total of KRW 20,000,000 to the account designated by the Defendant from November 30, 201 to February 5, 2013.

E. On April 1, 2013, the Defendant: (a) determined KRW 5,00,000 to the Plaintiff as due date for reimbursement of KRW 18% on April 30, 2013; and (b) lent the loan to the Plaintiff at 18% per annum.

F. On May 14, 2013, the Defendant received dividends of KRW 32,152,413 as a creditor with respect to loans under each of the instant contracts and loan claims as of April 1, 2013, in the distribution procedure of the distribution procedure of the Cheongju District Court’s Cheongju District Court’s Cheongju Branch case on the real estate owned by the Plaintiff A (including some equity shares among the real estate listed in attached Tables 1 and 1 and 2).

[Ground of recognition] Facts without dispute, and evidence Nos. 1, 3 through 5 are numbers.

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