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(영문) 대전지방법원 2018.11.02 2017가단221768

약정금

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 June 14, 2006, C, D, and the Defendant borrowed KRW 250 million from the Plaintiff on the due date on January 30, 2007 and on 3% of the interest month (hereinafter “the first loan”). In order to secure the first loan obligation, D, E-Co-ownership F apartment G (hereinafter “instant apartment 1”) and Sungnam-si H apartment No. 14 first (hereinafter “instant apartment No. 2”) owned by the Defendant, the joint collateral security (hereinafter “mortgage No. 2”) was registered on June 16, 2006 with respect to the instant apartment No. 30 million won, the maximum debt amount, C, the debtor, the Defendant, and the Defendant, and the Plaintiff as the mortgagee.

B. After that, C, on March 17, 2008, additionally borrowed KRW 100 million from the Plaintiff.

(hereinafter referred to as “the second loan”). C.

On the other hand, on March 24, 2015, the Defendant’s debt KRW 175 million to the Plaintiff on March 24, 2015

6. The promise to pay up to 30.30.

The letter " below" is called the letter of this case.

(D) On October 27, 2015, the Plaintiff filed an application for voluntary auction of the instant apartment complex No. 1 with the Busan District Court (the claimed amount: the principal amount: KRW 175 million and the amount of KRW 195,587,169 on June 29, 2016, as a result of the auction conducted with the JJ on the part of the principal amount and the interest thereon. < Amended by Presidential Decree No. 27740, Oct. 27, 2015; Presidential Decree No. 27805, Jun. 19, 2016>

hereinafter referred to as "the first auction procedure of this case"

(E) On January 15, 2016, the Plaintiff filed an application for voluntary auction on the instant apartment No. 2 with the Sung-nam District Court (the claimed amount: the principal amount: KRW 175 million; and the interest K with respect thereto; on October 20, 2016, the Plaintiff prepared a distribution schedule that distributes KRW 24,939,725 to the Plaintiff on October 20, 2016.

hereinafter referred to as "the second auction procedure of this case"

A person shall be appointed.

F. The Defendant brought a lawsuit of demurrer against the Plaintiff regarding a part of the dividend amount.