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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 12, 2004, the Plaintiff paid 2.5% interest rate of KRW 200,000,000 to Nonparty B (3.5% per annum per annum) and 195,000,000 deducting interest rate per month from interest rate for 12 months from the date of borrowing the period of reimbursement (hereinafter “the first loan”). The Plaintiff was divided into D, 1,456 square meters per annum (728 square meters before E on May 3, 2004) prior to the division, which was under the name of Nonparty C as security of the above claim, and again divided into 1,456 square meters per month before the division, and completed the establishment registration of a mortgage over the pertinent land (hereinafter “G land”), regardless of whether it was before and after the division, hereinafter “the maximum amount of debt amount”) and 300,000,000 for each of the following divided land (hereinafter “the ground for the establishment registration of a mortgage”).
B. On October 22, 2004, the Plaintiff: (a) determined 70,000,000 won as interest rate of 2.8% per annum (3.8% per annum); (b) paid KRW 68,250,000 after deducting the interest rate for one month; (c) as security for the above-mentioned loan loan claim, the Plaintiff completed the registration of establishment of a mortgage on a neighboring building of KRW 105,00,000 for the maximum debt amount of KRW 105,000 on October 21, 2004 and its ground (hereinafter “I real estate”).
C. However, B did not pay interest for the first loan from December 12, 2004, and for the second loan from January 22, 2005.
The plaintiff filed an application for voluntary auction of G land on September 2007 at the time of the registration of the first place of the establishment of the mortgage on G land. Accordingly, on October 15, 2007, the decision of commencement of auction was rendered by the Cheongju District Court J on October 2007.
E. The principal and interest of the first loan obligation as of January 7, 2009 is KRW 493,959,360,493,959,360 [i] ① Principal KRW 200,000,000; ② Interest KRW 20,000,000 (i.e., KRW 200,000 x 2.5% per month agreed upon x 4 months from December 12, 2004 to April 11, 2005]