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Reasons
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(영문) 울산지방법원 2016.02.16 2015가단55167
청구이의
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1. Compulsory execution by the Defendant’s notary public C Office against the Plaintiff based on No. 89 of 2010.

Reasons

1. Basic facts

A. 1) On February 22, 2010, D borrowed KRW 100 million at a rate of 30% per annum, which was due from the Defendant on August 22, 2010. E, the Plaintiff, and F, set the maximum amount of guarantee as KRW 150 million, and the guarantee period as of August 22, 2020, respectively, jointly and severally guaranteed the said obligation (hereinafter “instant obligation”).

2) On February 22, 2010, the notarial deed No. 89, No. 2010, No. 89, No. 2010, No. 2010, No. 2010, No. 2010, Jan. 2, 2010

(B) The Defendant was established a collateral security right of KRW 150 million on March 4, 2010, the maximum debt amount of KRW 100 million on G land and H land (hereinafter referred to as “instant Notarial Deed”) as joint collateral, with the maximum debt amount of KRW 30 million, which was KRW 100,000,000, out of the debt principal of the instant case, until August 22, 2010.

2) On May 13, 2011, upon D’s request, the Defendant renounced part of the right to collateral security on G land among the land of Iluri, and the right to collateral security on G land was cancelled on May 16, 2011. 3) D transferred KRW 25 million to the Defendant’s national bank account in the name of J on May 13, 201, instead of cancelling the Defendant’s right to collateral security on G land. The said money was appropriated as part of the principal of the instant debt.

In addition, D issued and delivered a promissory note, which causes 37 million won worth, to the Defendant on the same day (hereinafter “instant promissory note”), but the said promissory note was thereafter processed.

4. The Defendant, upon receiving KRW 20 million from D on January 4, 2013, cancelled the right to collateral security, which was established on H land, with the maximum debt amount of KRW 150 million. On the same day, instead of performing the instant debt amount of KRW 40 million, the Defendant caused KRW 52 million to the maximum debt amount regarding H land.

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