청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 26, 2012, the Plaintiff borrowed KRW 30,000,000 from the Defendant, who is a registered credit service provider (hereinafter “instant loan”), respectively, at the maturity of payment, on December 25, 2012, at the rate of 30% per annum, and at the rate of overdue interest rate of 38.4% per annum.
The Defendant completed the registration of provisional seizure of the claim amounting to 30,000,000 as the amount claimed by the Daegu District Court Branch Branch Office Branching to 2013Kadan645 on March 26, 2013 with respect to the Nam-gu D’s land and the housing on the ground (hereinafter “each of the instant real estate”), and completed the registration of the establishment of a neighboring mortgage on April 2, 2013, which is the debtor, the Plaintiff, the maximum debt amount of 30,000,000.
Since then, the Defendant filed an application with the Plaintiff for a payment order seeking the payment of the above loan under Daegu District Court Port Branch 2013 tea2586, and the above court issued the payment order on November 27, 2013, stating that “the Plaintiff shall pay 30 million won and 38.4% interest per annum to the Defendant from April 26, 2013 to the date of complete payment,” and the above payment order was finalized on December 17, 2013.
The Defendant applied for a voluntary auction of real estate as a mortgagee for each of the instant real estate in Daegu District Court Port Division C, and the decision on voluntary auction was made on December 13, 2016. On January 2017, the Defendant submitted a claim statement regarding the principal amount of the instant loan amounting to KRW 30,000,000 and interest amounting to KRW 49,898,958 as a mortgagee at the above auction court.
On June 26, 2017, each of the instant real estate was adjudicated on a successful bid on June 26, 2017. On August 24, 2017, the said auction court set up a distribution schedule by allocating to the Defendant, as a mortgagee, the maximum debt amount of the said right to collateral security, KRW 30,00,000,00, as a mortgagee, the amount remaining within the limit of KRW 49,898,958, as a person holding a provisional attachment, within the scope of overdue interest of the instant loan 49,858,717.
On August 31, 2017, the Plaintiff filed a lawsuit of demurrer against the instant distribution schedule.
[Reasons for Recognition] Facts without dispute, Gap, Eul, and evidence Nos. 1 to 9, 14, respectively.