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1. The part concerning the claim for cancellation of the registration of collateral security among the instant lawsuit is dismissed.
2. The defendant is from the plaintiffs 58,420.
Reasons
1. Basic facts
A. The Plaintiffs borrowed 70,700,000 won in total from the Defendant on November 22, 201, 201, KRW 20,000,000 on November 25, 2011, KRW 28,000,000 on November 28, 2011, KRW 80,000 on November 30, 201, and KRW 27,70,000 on December 15, 201, and thereafter borrowed 9,380,000 (hereinafter referred to as “the instant loan”).
(2) On the other hand, on November 201, 201, the Plaintiffs borrowed the money as above, stated the Defendant as “the principal of KRW 84 million, the Plaintiff A, the surety A, the surety B, and the Defendant,” and issued a loan certificate without stating the date of the payment of interest and the date of the loan, and the Plaintiffs set the interest on the money already borrowed or to be subsequently borrowed from the Defendant as 2% per month.
In addition, on November 23, 2011, the Plaintiffs issued a promissory note of KRW 84 million in face value for the guarantee of the said borrowed amount to the Defendant, and on November 23, 2011, the said promissory note No. 541 as a notary public’s office No. 201 (hereinafter “notarial deed of this case”) was written with respect to the said promissory note of KRW 541.
B. On November 28, 201, in order to secure the above loan obligation, Plaintiff A completed the registration of establishment of a mortgage on the attached list No. 1 and No. 203 of E-dong No. 203 (hereinafter referred to as “E building No. 203”) to the Defendant on November 28, 201, the registration of establishment of a mortgage on the real estate stated in the attached list No. 3, 4, and 5, owned by the Plaintiff on July 18, 201 (hereinafter referred to as “the attached list No. 203”), which is the maximum debt amount, under the receipt of the registration office of Samcheon District Court No. 15989, the registration of establishment of a mortgage on the real estate stated in the attached list No. 3, 4, and 5, which is owned by the Plaintiff on July 18, 2013 (hereinafter referred to as “the attached list No. 3,6680, Oct. 12, 2010>