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(영문) 대구지방법원포항지원 2017.10.24 2017가단101469
근저당권말소
Text

1. The defendant received on June 28, 1997 from Nonparty B the Daegu District Court Port Branch on real estate stated in the separate sheet.

Reasons

1. The Seoul Guarantee Insurance Co., Ltd., based on the facts, filed a lawsuit against the main debtor C Co., Ltd., the main debtor C Co., Ltd., the main debtor C Co., Ltd., the order-based joint guarantor B, D, etc., for the claim for reimbursement amount of reimbursement No. 2000Gadan12462, Oct. 24, 2001, which became final and conclusive on Oct. 24, 2001, and filed a lawsuit for reimbursement amount claim No. 2011Ga2638, which is the same content for the extension of prescription, and the said judgment was final and conclusive on Jan. 3, 20

1. The Plaintiff:

A. As to Defendant C Co., Ltd, D and E’s joint and several KRW 2,384,973,275 and KRW 449,687,374 among them:

B. Defendant F and G are as above.

A. The Defendants are jointly and severally liable with the Defendants.

Of the 2,384,973,275 Won 2,220,930,977 and 410,848,309 out of them:

C. Defendant B is the above.

A. The Defendants are jointly and severally liable with the Defendants.

For port 2,384,973,275 Won 1,664,522,853 and 283,343,427 among them:

D. Defendant H Co., Ltd.

A. The Defendants are jointly and severally liable with the Defendants.

Of the 2,384, 973,275 won, 164,042,298 won and 38,839,065 won among them shall be paid 25% per annum from June 11, 2011 to November 17, 201, and 20% per annum from the following day to the date of full payment.

On December 31, 2013, Seoul Guarantee Insurance Co., Ltd. transferred KRW 508,158,892 to the Plaintiff out of the above indemnity claim, and notified this to the Plaintiff B.

On the other hand, on June 28, 1997, the above B completed the registration of the establishment of a mortgage on the real estate listed in the attached list (hereinafter “the instant real estate”) with respect to the Defendant on June 28, 1997, 50,000 won with maximum debt amount, the debtor D, and the mortgagee as the Defendant of the right to collateral security (hereinafter the above right to collateral security was referred to as “the instant right to collateral security,” the registration thereof was completed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. We examine the judgment on the cause of the claim, and examine the above facts of recognition. The right to collateral security of this case.

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