beta
(영문) 전주지방법원남원지원 2020.06.17 2019가단1306

배당이의

Text

1. A distribution schedule prepared by the said court on September 23, 2019 with respect to the auction case of real estate D in the Southern District Court of the Jeonju.

Reasons

1. Basic facts

A. On October 19, 2015, the Defendant entered into an agreement with E and E with a view to loans of KRW 20 million, namely, a rate of 2% per annum, rate of damages for delay, rate of 6.9% per annum, and period of reimbursement on October 19, 2025, and a loan of the said money.

(hereinafter “instant primary loan” or “instant primary loan”). B.

On March 31, 2016, E and the Defendant concluded a contract to establish a collateral security (hereinafter “instant collateral security contract”) with respect to “F, fourth floor G, and fourth floor” owned by E (hereinafter “instant real property”) with the maximum debt amount of KRW 84 million.

The contract of the instant collateral contract provides that one of three types of “specified collateral security,” “limited collateral security,” and “general collateral security,” with regard to the scope of the secured obligation, may be selected and entered. As to the limited collateral, the content of “transaction, transaction, etc., of all obligations currently and future to be borne by the debtor against the creditor (principal branch) by means of the following types of transaction,” is printed in the same format:

E, at the time of the preparation of the above contract, stated “limited collateral” as to the scope of the secured obligation, and did not state any description on the specific part of the transaction in the above limited collateral column.

E, according to the above contract, on April 4, 2016, completed the registration of creation of a mortgage over the maximum debt amount of 84 million won with respect to the instant real estate to the Defendant.

(hereinafter “instant collateral security”). C.

On April 4, 2016, the Defendant entered into a general loan agreement with E, E, 3.75% per annum, 6.75% per annum, 6.75% per annum, and 70 million won per maturity on April 4, 2019, and loaned the said money.

(hereinafter “instant secondary loan” or “instant secondary loan”) D.

On December 15, 2016, the Plaintiff: (a) the lease deposit amount of KRW 60 million from E and E; and (b) the term of lease from December 23, 2016 to December 23, 2018.