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(영문) 창원지방법원밀양지원 2017.11.24 2017가합10014

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

2. Of the litigation costs, the costs of the lawsuit between the Plaintiff MM case and the Defendant.

Reasons

1. Basic facts

A. On November 20, 2012, the Defendant loaned KRW 200,000,00 to E with interest rate of KRW 24% per annum, and on June 30, 2013 (hereinafter “instant loan”); on August 1, 2014, the Defendant completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) for the establishment of a mortgage for the establishment of a neighboring building, located in the H building, 1304 square meters and G 759 square meters (hereinafter “instant real estate”) located in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, with a view to securing the foregoing loan claim, 198 square meters and G 19 square meters, and 759 square meters, and 1304 square meters (hereinafter “instant real estate”).

B. Plaintiff MM case (hereinafter “Plaintiff Company”) filed an order for payment with Party B seeking payment of the guaranteed debt amounting to KRW 680,000,000 with the Military Court of Changwon District Court of 2015Da274, 2015, and its delay damages, and the said order for payment was finalized on November 12, 2015, and the said order for payment was finalized on December 1, 2015.

C. On April 29, 2015, Plaintiff A filed a lawsuit against Plaintiff A seeking loan payment under this court’s 2014GaGa2572, and was sentenced by this court to “E shall pay the Plaintiff A 84,006,062 won and 79,909,589 won among them, 15% per annum from December 1, 2013 to December 3, 2014, and 20% per annum from the next day to the date of full payment.”

Accordingly, E appealed by the Changwon District Court No. 2015Na4591, but the appeal was dismissed on September 23, 2015, and the above judgment became final and conclusive on October 22, 2015.

With respect to the instant real estate, the Plaintiff Company applied for a compulsory auction on December 7, 2015 by filing an application for a compulsory auction on the basis of the executory order for the above payment order with the executory power (this court C), and the Plaintiff A applied for a compulsory auction on the basis of the above final and conclusive judgment with executory power and applied for a compulsory auction on December 18, 2015 (this court D), and the above two auction procedures were conducted by duplicate auction.

(hereinafter “instant auction”) e.

(e).