배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 8, 2011, the Defendant: (a) executed two loans with the loan principal of KRW 100 million and KRW 300 million (hereinafter “each of the instant loans”); (b) thereafter, on December 24, 2012, the Defendant entered into a mortgage agreement with the non-party company, the obligor company, the limited collateral security ( currently and future obligations due to the transaction of a loan and credit card transaction with the Defendant of the non-party company) and the limited collateral security contract with the maximum debt amount of KRW 120 million as to each of the real estate listed in the separate sheet owned by D (hereinafter “instant real estate”). (c) concluded a mortgage agreement with the non-party company, and completed the registration of the establishment of the mortgage on the same day as of each of the real estate listed in the separate sheet owned by D (hereinafter “instant real estate”).
(hereinafter “instant collateral security”). B.
On May 20, 2013, the Defendant entered into an agreement with the non-party company to extend the repayment date of each of the instant loans by May 20, 2014, and on the same day D prepared and issued to the Defendant a reuse agreement of the right to collateral security (including each of the instant loans extended by the deadline for each of the instant loans).
C. On July 18, 2013, the Plaintiff lent money to D, and completed the registration of creation of a collateral on the instant real property based on the mortgage contract concluded on July 16, 2013 and the maximum debt amount is KRW 160 million.
On January 10, 2014, the Plaintiff filed an application with the Gwangju District Court for a payment order with respect to D pertaining to loans, and received from the said court the payment order stating that “D shall pay to the Plaintiff 260,982,200 won per annum for the period from September 11, 2013 to the service date of the instant payment order and 5% per annum for the period from the next day to the date of full payment, and 20% per annum for the period from the next day to the date of full payment.” The said payment order was finalized on February 11, 2014.
When the non-party company delays the repayment of each of the loans in this case, the defendant shall pay for the real estate in this case.