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(영문) 전주지방법원 2018.07.20 2017가단30141

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 25, 2016, our bank borrowed KRW 1,500,00,00 to the Chinese-company (hereinafter “Korean-company”) industry. On March 31, 2016, the credit commencement date is March 31, 2016, and the loan interest rate is “3 months KSIBOR (the average interest rate of short-term loans between banks, and the three business days before the loan execution date shall vary every three months at the average interest rate of three months)” and the compensation rate for delay is less than three months at less than three months, “7% of the loan interest rate,” “8% of the loan interest rate,” and the highest compensation rate for delay for three months or more shall be 15%, and the repayment method shall be settled for three years from the date of the credit extension date, and the loan repayment rate shall be concluded every one month from April 30, 2019 to repay the loan agreement (hereinafter “credit agreement”).

B. On March 31, 2016, in order to secure the obligation for loans to the Chinese industry under the instant credit transaction agreement, the Korean bank established the establishment registration of the neighboring real estate as of March 31, 2016 (hereinafter “the instant real estate”) with respect to the real estate owned by the Chinese industry as of March 31, 2016, setting the maximum debt amount as KRW 1.8 billion, and the Plaintiff registered the establishment of the neighboring real estate with respect to the instant real estate, which

C. The Defendant received from our bank claims from our company regarding the letter industry based on the credit transaction agreement of this case, and became the transferee of the registration of creation of mortgage in the name of our bank established on the real estate of this case.

On November 10, 2016, the Defendant applied for voluntary auction with respect to the instant real estate to the Jeonju District Court on November 10, 2016, and received a decision to commence voluntary auction from the above court on November 17, 2016. On December 8, 2017, the Defendant submitted the bond account statement along with the statement of the principal and interest stated in the attached Form as of the date of distribution (on December 13, 2017) to the above court.

E. On December 13, 2017, the Jeonju District Court first order 3,57,840 won out of the amount to be actually distributed on the date of distribution of the said real estate auction case.