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Reasons
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(영문) 서울중앙지방법원 2018.01.18 2016가단5197468
근저당권말소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the parties, etc. 1) C is a corporation D (hereinafter “D”) by up to 2009.

(2) The Plaintiff’s husband, from November 26, 2010 to February 7, 2013, and the Plaintiff’s internal director from February 7, 2013 to February 7, 2013, and the Defendant lent money to C, D, etc.

B. A) On February 23, 2011, D agreed with C and the Defendant to accept C’s obligation of KRW 1 billion with respect to the Defendant, and E jointly and severally guaranteed the obligation to acquire D’s above obligation to the Defendant. (ii) On April 24, 2012, E agreed to pay the above obligation of KRW 1 billion with the Defendant on December 31, 2013, and F jointly and severally guaranteed the said obligation to the Defendant.

3) On August 31, 2012, E borrowed KRW 300 million from the Defendant as the maturity date on August 31, 2013 to use D’s operating capital, and F jointly and severally guaranteed the aforementioned obligation. (c) In order to raise D’s operating capital, E demanded to additionally lend KRW 250 million to the Defendant around the beginning of August 2013, and the Defendant demanded a security for additional loans.

2) In order to raise D’s operating capital to F, E explained that there is a need for a security to borrow additional money from the Defendant, and F is the Plaintiff and the Plaintiff (hereinafter referred to as “Plaintiff and wife”), both F and the Plaintiff (hereinafter referred to as “F and the Plaintiff”).

2) The apartment as indicated in the separate sheet indicating that the apartment is jointly owned (hereinafter referred to as “instant apartment”).

(3) Around the beginning of August 2013, the Defendant: (a) provided the Defendant with a seal imprint and a certificate of personal seal impression of the Plaintiff couple; and (b) provided the Plaintiff with the Plaintiff’s seal imprint and the Plaintiff’s seal imprint to E; (c) specified 2.5 million won as D’s operating funds between E and E, with the interest rate of 3% per month; and (c) on August 9, 2014, respectively; and (d) lent

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