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(영문) 대전지방법원홍성지원 2015.06.09 2015가단1642
채무부존재확인
Text

1. The Defendant received, on July 26, 201, the red support of the Daejeon District Court with respect to the apartment as stated in the attached list from the Plaintiff.

Reasons

1. Basic facts

A. On July 26, 2010, the Plaintiff entered into a loan agreement with the Defendant, who is a credit service provider, to borrow KRW 10,000,000 with a maturity of ten million, October 26, 2010, and interest rate of four percent, and received KRW 9,200,000 from the Defendant, deducting KRW 80,000 from the monthly interest rate of two months.

(B) The loan under the above loan agreement (hereinafter “instant loan”).

On the same day, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed by the Daejeon District Court No. 13660, Jul. 26, 2010, with respect to an apartment as indicated in the attached list owned by the Plaintiff, with the Defendant as the secured debt, as to the apartment as indicated in the attached list owned by the Plaintiff.

C. On January 20, 201, the Defendant issued an application for voluntary auction commencement on January 20, 201 with the application for voluntary auction commencement on the instant right to collateral security, and withdrawn the application for voluntary auction commencement on August 5, 2011. The Defendant again issued an application for voluntary auction commencement on June 27, 2012, and subsequently withdrawn the application for voluntary auction commencement on December 20, 2012. The Defendant again received a decision to commence voluntary auction commencement on January 21, 2014 with the application for voluntary auction commencement, and the said application for voluntary auction commencement was in progress upon receipt of a decision to commence voluntary auction commencement on January 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 5-1, 2, 4, and 5, and the purport of the whole pleadings

2. The maximum interest rate and principal of the loan in this case;

A. Article 8 (Limitation on Interest Rates of Credit Service Providers) (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 10580, Apr. 12, 2011; hereinafter “former Credit Business Act”) (1) Where a credit service provider lends a loan to an individual or a small corporation prescribed by Presidential Decree, the interest rate shall not exceed the rate prescribed by Presidential Decree within the limit of 50/100 per annum.

(3) Where a credit service provider enters into a loan agreement in violation of paragraph (1), the interest rate under paragraph (1).

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