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(영문) 청주지방법원제천지원 2020.10.07 2020가단786
근저당권말소 등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 11, 2019, the Plaintiff received 30,000,000 won from Defendant C from Defendant C, and provided said money to E.

B. On December 8, 2019, the Plaintiff and E drafted a loan certificate with the following content (hereinafter “the instant loan certificate”) to Defendant C and deliver it to Defendant C.

There is no promise to return KRW 30,000,000 per annum to the Plaintiff until December 30, 2019.

The borrower: E-day 30,000,000 won is promised to return to Defendant C by December 30, 2019.

Plaintiff

C. On January 20, 2020, the Plaintiff prepared and sent to Defendant B, the wife of Defendant C, a letter of non-performance of the following contents (hereinafter “instant letter of non-performance”).

The amount of each letter of non-performance: 30,000,000 won shall be paid without a framework, and I promise to implement the following provisions:

Interest shall be fixed at 2% per month and the time of payment shall be fixed at the address of the creditor on the 10th of each month.

b. The repayment period of principal will be agreed on February 10, 2020 and will be sent to the creditor's address.

b. The obligor would lose the benefit of time when the payment of interest is in arrears, and the obligee would pay the principal and interest without objection even if the obligee claims the balance of the principal and interest, and would accept without objection any legal procedure such as the execution and seizure of mortgage. In the case of failure to pay the principal due date or loss of the due date, overdue interest at the rate of 24% per annum for the total amount of the debt shall be paid.

d.

On January 20, 2020, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the size of 486 square meters owned by the Plaintiff, Defendant B, the debtor, and the maximum debt amount of KRW 30,000,000.

E. From January 24, 2020 to April 10, 2020, the Plaintiff remitted total of KRW 30,000,000 to the Defendants on five occasions.

Defendant 2,000,000 won on January 24, 2020, for the temporary remittance of the amount by the sequence 13, 200.

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