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(영문) 전주지방법원군산지원 2019.10.01 2016가단58152
근저당권말소
Text

1. The Defendant (Counterclaim Plaintiff) received the following amount of money from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 12, 2012, the Defendant leased KRW 120 million to the Plaintiff on July 31, 2013, setting the due date for repayment as KRW 120 million.

(hereinafter “The instant loan”). On the same day, the Plaintiff prepared a loan certificate stating that the Defendant will repay the amount of KRW 150 million,00,000,000,000, including the amount of the principal and interest up to the due date, to the Defendant, until July 31, 2013 (hereinafter “the instant loan certificate”).

B. On the same day, the Plaintiff completed the establishment registration of a neighboring mortgage (hereinafter “the creation registration of a neighboring mortgage”) with respect to the real estate listed in the attached list (hereinafter “the instant real estate”) to the Defendant by the Jeonju District Court No. 51947, the amount of maximum debt of KRW 150 million (hereinafter “the creation registration of a neighboring mortgage”) or the instant mortgage (hereinafter “the instant secured mortgage”).

C. The Plaintiff repaid each of the Defendant KRW 25 million on February 27, 2014, KRW 40 million on September 10, 2015, and KRW 10 million on September 24, 2015, respectively.

(hereinafter referred to as “each of the instant payments”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, the witness C’s testimony, and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s claim as to the secured debt of the instant right to collateral security has ceased to exist due to the Plaintiff’s repayment, the establishment registration of the instant right to collateral security should be cancelled.

Even if not, the Plaintiff did not separately agree on the interest at the time of borrowing the instant loan from the Defendant, and only agreed to set up the instant loan certificate and pay the said money up with the maximum of KRW 150 million, including the principal and interest up until the due date.

Ultimately, the Plaintiff is obligated to pay to the Defendant damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 1, 2013 to the date following the due date for payment. The Plaintiff is obligated to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 1, 2013 to the date of full payment. In order of

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