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(영문) 서울서부지방법원 2018.04.12 2017나37908
근저당권말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a project owner and executor who carries out the J Urban Residential Housing and Residential Facilities Construction and Sale Business (hereinafter “instant business”) on the ground of Gangnam-gu Seoul, Gangnam-gu, Seoul, etc., and the Plaintiff is the husband of F, who was the owner of H lending 302 located on the same Gu G ground, and C was the owner of the same Gu I Loan 202.

In relation to the instant business, the Defendant is a credit service provider that lends money to Plaintiffs, D’s inside directors, E, etc.

B. D purchased each part of the building from the Plaintiff and C, the owner (or the husband) of the building (or the owner) located on the instant land for the instant business, and paid part of the purchase price by borrowing it from the Defendant, the credit service provider.

Specific lending relationships between D and the plaintiff, C, and D are as follows.

1) On September 3, 2014, the Plaintiff: (a) decided to borrow KRW 700 million from the Defendant as 2.5% per month interest and overdue interest at 2.9%; (b) D jointly and severally guaranteed the Plaintiff’s above loan obligation on the same day; (c) the Plaintiff and D set up a collateral security (hereinafter “mortgage”) with respect to the Plaintiff’s claim against the Defendant, including the aforementioned loan obligation on the same day, and the Plaintiff and D, with a view to securing the obligation to be borne or to be borne by the Defendant against the Defendant, as well as the current or future LHD 302 on the ground of the same G G ground, with a view to securing the obligation to be borne or to be borne by the Plaintiff against the Defendant (hereinafter “mortgage”).

(2) According to the above loan agreement, the Plaintiff’s total sum of KRW 150 million from the Defendant on the same day, KRW 20 million on September 5, 2014, and KRW 350 million on September 12, 2014 (hereinafter “first installment”) is KRW 700 million (hereinafter “first installment”).

(2) E was paid. (2) On September 12, 2014, E determined the amount of KRW 30 million from the Defendant as 2.5% per month interest and interest rate of KRW 2.9% per month, and borrowed without setting the due date.

(hereinafter referred to as “the second amount”) C. The same shall apply.

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