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(영문) 대전지방법원서산지원 2016.10.27 2016가합157

배당이의

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's respective claims against the defendant B and the Sungsung Agricultural Cooperative.

Reasons

1. Facts of recognition;

A. On August 30, 2012, the Plaintiff: (a) on August 30, 2012, the loan interest rate from Defendant Usung Agricultural Cooperative added 2% to the regular deposit interest rate (three-month change rate); (b) the interest rate calculated by adding 6% to the loan interest rate in cases of less than one month but less than three months in arrears; (c) the interest rate calculated by adding 7% to the loan interest rate in cases of more than three months in arrears; (d) the interest rate calculated by adding 9% to the loan interest rate in cases of more than three months in arrears; and (e) the expiration date of the loan was determined as of August 30, 2014; and (e) on the same day, Defendant Usung Agricultural Cooperative established a collateral security (hereinafter “instant building”).

B. On December 10, 2012, the Plaintiff borrowed funds by setting the interest rate of 3% per month from Defendant B, and on the same day, set up a right to collateral security of 225 million won with respect to the instant building to Defendant B.

C. On July 14, 2014, the Plaintiff and Defendant C concluded a sales contract with Defendant C to acquire the secured debt of the right to collateral security, the lease deposit repayment obligation of KRW 615 million, the lease deposit repayment obligation of KRW 437 million, and the construction payment obligation of KRW 800 million, etc. (hereinafter “instant sales contract”). On the same day, the Plaintiff completed the registration of ownership transfer of the instant building in the name of Defendant C on the same day.

Since then, on the premise that the actual purchase price of the instant sales contract is KRW 1.56 billion, the Plaintiff is obligated to pay Defendant C the remainder of KRW 945 million, subtracting the aggregate of the maximum purchase price of collateral security established in the instant building from the said purchase price, which was KRW 615 million, to the Plaintiff. On January 8, 2015, the Seoul Southern Southern District Court 2015Ga10250, which was part of the said purchase price.