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(영문) 대전지방법원 2017.10.11 2016가합1742

배당이의

Text

1. From among the distribution schedule prepared by the said court on July 6, 2016, the Daejeon District Court C real estate auction case against the defendant.

Reasons

1. Basic facts

A. On February 10, 2015, a notary public office No. 822, as follows, was signed between the Plaintiff and the Defendant of the instant notarial deed and the notarial deed as follows:

(A) No. 1, 200,000 won for the debt owed to the Defendant as of February 10, 2015, the notarial deed No. 1 (Liability) E Co., Ltd. (hereinafter “E”) of the notarial deed of debt payment contract (hereinafter referred to as “E”) approved that the debt owed to the Defendant as of February 10, 2015 is KRW 150,000,000, and made an offer to the Defendant in the payment key

Article 2 (Period and Method of Performance) was set on February 24, 2015.

Article 3 (Interest) Interest rate was set at 25% per annum and paid on the 10th day of each month.

When Article 5 (Compensation for Delay) E delays the repayment of principal or interest, the late payment damages shall be paid to the defendant at the rate of 25% per annum for the delayed principal or interest.

Article 8 (Joint Guarantee) ① The surety (Plaintiff, F) guaranteed the obligations of E under this Agreement and agreed to perform the obligations jointly and severally with E.

(2) The maximum amount of the surety's guarantee liability is 150,000,000 won.

Article 9 (Recognition and Recognition of Compulsory Execution) E and When a guarantor fails to discharge a pecuniary obligation under this contract, he recognized and recognized that there is no objection even if the compulsory execution has been effected immediately.

B. The maximum debt amount of the mortgage contract of this case shall be the maximum debt amount of KRW 150,00,000, which shall be set up within the scope of the maximum debt amount of Article 1, which shall be set up in the future as the first order collateral for real estate held by the debtor as a collateral common to the obligations under the bills, various loans, transaction obligations, guarantee obligations and all other obligations owed by the debtor against the creditor in the future.

The method of repayment of the obligation under Article 3 shall be implemented without recourse in accordance with the designation of the obligee.

(Period of Repayment shall be until April 24, 2015, and interest shall be 25% per annum) when the obligation to repay Article 4 is delayed, the interest in arrears shall be calculated at the rate of 25% per annum.

The plaintiff on 2015.