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(영문) 청주지방법원 2015.07.15 2015가단9691

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 29, 2010, the Plaintiff borrowed KRW 1,420,00,000 from the Defendant at a rate of 5.2% (Provided, That the interest rate shall be changed), the interest rate of arrears shall be 19%, and the due date shall be October 29, 2015.

The Plaintiff provided the Defendant with heading 201, 101, 301, 401, 401, 501, 501, 502, and 502, among the facilities and houses for viewing and assembly of five stories in the Chungcheongbuk C, D mentmen's Slab roof, and neighborhood sulfur facilities and houses.

From December 14, 2014, the Plaintiff lost the benefit due and due date because it did not pay interest.

On December 14, 2013, the balance of the borrowed money as of December 14, 2013 is KRW 435,00,000.

The Cheongju District Court B auction case was in progress regarding real estate offered as security. Accordingly, the agreement between December 14, 2013 and June 3, 2015 to the Defendant was 34,590,240 won by the rate of 5.2%, from December 14, 2013 to June 3, 2015, and the interest from January 14, 2014 to the same year.

2. 11,627,110 won plus 546,627,110 won in total, plus 111,627,10 won in overdue interest rate of 19% from February 14, 2014 to June 3, 2015 (the agreement calculated at the rate of 19% per annum) and overdue interest of 77,004,290 won under 13.8% from February 14, 2014 to June 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The calculation of interest by the closing date of the Plaintiff’s claim for dividend payment is reasonable, but the calculation of interest should be suspended from that time on the expiration of the closing date of the claim for dividend payment.

Nevertheless, the interest was calculated and paid to the Defendant from the date of the application for distribution to the date of distribution.

Therefore, 65,214,246 won interest from August 20, 2014 to the date of distribution, which is the closing date of application for dividend payment against the defendant, should be distributed to the plaintiff, not to the defendant.

B. To the extent that the Defendant did not pay the principal and interest of loan to the Plaintiff.