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Reasons
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(영문) 대구고등법원 2017.07.14 2016나22579
근저당권말소
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1. Of the judgment of the first instance, the part against the plaintiff corresponding to the cited part of the plaintiff's claim shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter “C”).

① On August 27, 2007, the Defendant: (a) set the maturity period of KRW 100,00,000 to C as the end of December 2007; and (b) lent the principal and interest of KRW 150,000,000 to C; (c) as to each land listed in the separate list of land owned by the Plaintiff as a collateral, the amount of KRW 150,000,000 shall be KRW 150,000,000; and (d) completed the registration of creation of a neighboring mortgage as of August 27, 2007 with the Daegu District Court-affiliated District Court-Support No. 54349, Apr. 17, 200; (b) as of April 17, 2008, the repayment period of KRW 20,000 shall be set as the expiration of the maturity period of KRW 300,000,00,000 as the principal and interest on each separate list of land as the collateral.

(hereinafter above, ① “existing loans” and ② the above, ② the collateral security (hereinafter collectively referred to as the “mortgage”). B.

C As the Plaintiff did not repay the existing loan, on December 31, 2012, the Plaintiff and the representative director of C entered into an agreement on a monetary loan for consumption (hereinafter “instant agreement”) with the Defendant on December 31, 2012, stating that “(i) the Defendant, on December 31, 2012, lent KRW 350,000,000 to C without the due date for payment of interest, set at 25% per annum of December 20, 2013, and (ii) the Plaintiff’s joint and several guarantee of the said obligation of C.

C. On June 26, 2013, the Defendant made an agreement between the Plaintiff and the Plaintiff representing C (Evidence A No. 1; hereinafter “instant agreement”) as follows, and the content is as follows:

Agreements

(a) C shall agree to pay to the Defendant KRW 130,000,000,000, which shall be the final amount payable under this Agreement;

B. C shall pay the agreed amount to the bank account designated by the Defendant.

C. The defendant shall pay the agreed money specified in this Agreement.

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